Form 21-7 Order Appointing Receiver
Library | Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.) |
Form 21-7 Order Appointing Receiver
__________, Plaintiff,
v.
__________, Defendant.
Case No. __________
ORDER APPOINTING RECEIVER
This matter came before the Court on the [title of motion to appoint receiver] (the "Motion"). Based on the Motion, the declarations [and testimony] in support of the Motion, and the record herein, and the Court having considered the record and been fully advised in the premises, the Court hereby finds as follows:
A. Plaintiff has given sufficient notice of this matter to defendant [ defendant's name] ("Defendant").
B. The assets that are the subject of this action are [describe the property that will be the subject of the receivership] (the "Estate Property").
C. Sufficient grounds exist for appointment of a receiver pursuant to ORS 37.060(1) because [explain why a receiver is necessary]. Without the appointment of a receiver over the Estate Property, [describe what interest is in danger of being lost or materially injured or impaired]. Other remedies are not available or will not be adequate to protect the Plaintiff's interests in the Estate Property because [describe why other remedies will not suffice]. The appointment of a receiver is reasonably necessary to secure justice to the parties.
D. [Receiver's name] is a responsible, competent, and qualified entity to be appointed as receiver for the Estate Property.
E. $ __________ is the proper amount for the security required pursuant to ORCP 82 A(2) and ORS 37.090. [Describe whether the security will be posted in the form required by ORCP 82 A(5), or by alternative means pursuant to ORCP 82 A(6) and ORS 37.090].
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. [ Receiver's name] (the "Receiver") is appointed as receiver to exclusively possess, control, manage, and operate the Estate Property. Pursuant to this order and ORS 37.110, the Receiver has the power to: [include one or more of the appropriate paragraphs from the following list]
(a) collect, control, manage, conserve, and protect the Estate Property;
(b) operate the business constituting Estate Property, including preservation, use, sale, lease, license, exchange, collection, or disposition of Estate Property in the ordinary course of business;
(c) in the ordinary course of business, incur unsecured debt and pay expenses incidental to the Receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of Estate...
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- Chapter 21 Receivers
- § 21.1 Overview
- § 21.2 Historical Practices and Sources of Law
- § 21.3 What Is a Receiver
- § 21.4 When the Oregon Receivership Code Applies
- § 21.5 Grounds for Appointment of Receiver
- § 21.6 Procedural Considerations
- § 21.7 Authority of the Court
- § 21.8 Scope of Receivership
- § 21.9 Receiver's Authority and Powers
- § 21.10 Receiver's Duties
- § 21.11 Notice to Interested Parties and Service
- § 21.12 Automatic Stay
- § 21.13 Operation of Receivership
- § 21.14 Claims Against the Receivership Estate
- § 21.15 Claims Against the Receiver and Protection of Receiver
- § 21.16 Employment of Receiver and Professionals
- § 21.17 Compensation of Receivers and Professionals
- § 21.18 Reporting
- § 21.19 Ancillary Receiverships
- § 21.20 Removal or Replacement of Receiver
- § 21.21 Termination of Receivership
- Form 21-1 Motion for Order to Show Cause Why a Receiver Should Not Be Appointed (with Optional Language for Tro)
- Form 21-2 Declaration of Moving Party
- Form 21-3 Declaration of Proposed Receiver in Support of Appointment of Receiver
- Form 21-4 Order to Show Cause (with Optional Language for Tro)
- Form 21-5 Motion for Appointment of Receiver
- Form 21-6 Stipulated Motion for the Appointment of Receiver
- Form 21-7 Order Appointing Receiver
- Form 21-8 Notice of Receivership, Claims Process, and Claims-bar Deadline
- Form 21-9 Notice of Employment of Professionals
- Appendix 21a Abbreviations
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