Form 21-7 Order Appointing Receiver

LibraryOregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

Form 21-7 Order Appointing Receiver

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________

__________, 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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