§26.3 - Powers of the Receiver

• Jurisdiction: Washington

§26.3 POWERS OF THE RECEIVER

Prior to the adoption of the Act, the powers of a receiver were, to a large extent, defined by the scope of the order appointing the receiver. The prior receivership statutes did not provide a comprehensive or even general list of powers of the receiver, but rather provided the receiver with the general power "to bring and defend actions, to take and keep possession of the property, to receive rents, collect debts, and generally do such acts respecting the property, as the court may authorize. " RCW 7.60.040 (repealed by Laws of 2004, ch. 165, §47) (emphasis added). Using the broad authority of this statutory provision, the court would enter an order, generally drafted by the petitioner's counsel, explicitly listing the powers and duties of the receiver.

(1) General powers of a receiver

In contrast to the prior statutes, the Act provides a fairly comprehensive list of the powers and duties of the receiver, although the court retains broad powers to modify, expand, or limit the powers and duties for cause shown. As provided in RCW 7.60.060, the general powers of a receiver are as follows:

Statutory Provision	Power of Receiver	Comments
RCW 7.60.060(1)(a)	power to pay or incur expenses related to estate	includes the power to pay obligations incurred prior to the receiver's appointment under limited circumstances
RCW 7.60.060(1)(b)	power to use estate property in ordinary course of business	only applies to general receivers
RCW 7.60.060(1)(c)	power to assert any rights or claims that are property of the estate
RCW 7.60.060(1)(d)	power to intervene in actions asserted against estate
RCW 7.60.060(1)(e)	power to assert rights or claims arising out of receiver's transactions
RCW 7.60.060(1)(f)	power to pursue fraudulent transfer claims under Chapter 19.40 RCW
RCW 7.60.060(1)(g)	power to seek advice from court on any action
RCW 7.60.060(1)(h)	power to obtain appraisals
RCW 7.60.060(1)(i)	power to subpoena for examination under oath
RCW 7.60.060(1)(j)	any other powers that may be conferred by court

(2) Powers related to receivership financing

In addition to the powers provided in RCW 7.60.060, the Act provides a general receiver with powers to incur debt and obtain credit...