Oregon Appointment of a Receiver

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Multi-State
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US-L07057
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This is an order for the appointment of a receiver. In an instance where the appointment of a receiver is necessary, this decision and order directs the receiver to reduce to cash any and all asssets where possible, and to file with the clerk a list of all assets and their disposition.


Oregon Appointment of a Receiver involves the legal process of appointing a receiver to take control of and manage certain assets or properties. This can occur in various legal settings, such as foreclosure, business dissolution, or in cases where a court determines that the appointment of a receiver is necessary to protect the interests of involved parties. In Oregon, there are multiple scenarios in which the Appointment of a Receiver may take place. Here are a few common types: 1. Foreclosure Receivership: In cases of mortgage default or foreclosure, a lender may seek appointment of a receiver to manage and oversee the mortgaged property. The receiver ensures that the property is maintained, potential income is collected, and any necessary repairs or improvements are made while the foreclosure process is being completed. 2. Business Receivership: Under certain circumstances, a court may appoint a receiver to manage the affairs of a troubled business. This can occur when a business is unable to pay its debts or is involved in fraudulent activities. The receiver's role is to preserve the business's assets, manage its operations, and distribute any funds collected to creditors or other relevant parties. 3. Receivership in Dissolution: In cases of a business dissolution, where partners or shareholders cannot agree on how to divide assets or debts, a court may appoint a receiver. The receiver takes control of the dissolved entity's assets, ensures an equitable distribution, and resolves any disputes related to the winding down of business affairs. 4. Receivership in Legal Disputes: In certain legal disputes, a party may request the appointment of a receiver to preserve and manage disputed assets until the court reaches a final decision. This can happen during contentious divorce proceedings, partnership disputes, or commercial litigation cases. The receiver acts as a neutral third party responsible for safeguarding the assets until their final disposition is determined by the court. In summary, Oregon Appointment of a Receiver involves the court's decision to appoint a neutral party to manage and protect certain assets or properties in different legal scenarios such as foreclosures, business dissolution, and contentious legal disputes. The receiver's role is crucial in ensuring the fair distribution and preservation of assets while the court makes final determinations.

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FAQ

Appointment of Receivers is the discretionary power of the Court. A receiver appointment by the High Court, who has under its Order taken possession of property, cannot be prosecuted for criminal branch of trust in respect thereof without first obtaining the leave of the Court.

A receiver is a person appointed as custodian of a person or entity's property, finances, general assets, or business operations. Receivers can be appointed by courts, government regulators, or private entities. Receivers seek to realize and secure assets and manage affairs to pay debts.

A receiver is appointed to take possession of and sell or liquidate the assets secured by a security agreement in order to repay outstanding debt. In a receivership, a secured creditor or the court may also appoint a receiver-manager to operate and manage the business until it is sold as a going concern.

Court-appointed receivers, on the other hand, are neutral third-party officers of the appointing court. They work on behalf of both the company in debt and its creditors to reach a mutual agreement that benefits all parties involved, ideally with the aim to repay debts while continuing to maintain business operations.

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A(1) A receiver is a person appointed by a circuit court, or judge thereof, to take charge of property during the pendency of a civil action or upon a judgment ... (3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy ...(1) A court may appoint a receiver in the following cases, upon motion by any person or upon its own motion: (a) Before judgment, if the property that is the ... May 19, 2022 — to as the "Receivership Estate." 2. Bond. This appointment of the Receiver is effective as of the date of this Order, and,. Jan 24, 2023 — ORS 37.060. Once appointed, a court may grant a receiver a wide range of powers, including the power to sell collateral free and clear of ... The broadest, but by no means only, Oregon statute addressing the appointment of receivers is found in the Oregon Code of Civil Procedures Section 80. A. At least 60 days prior to the filing of an application for appointment of a receiver, the Director shall cause a notice to be sent by regular mail to ... Jun 2, 2023 — For example, within 60 days of appointment, the receiver will file with the court a “schedule” listing all of the company's creditors, the ... If you have completed a form appointing a health care representative in the past, this new form will replace any older form. • You must sign this form for ... STEP 1: FILLING OUT AND FILING FORMS. Filling Out The Forms. ➢ Fill out the Motion to Appoint Guardian ad Litem and Declaration in Support and the. Order ...

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Oregon Appointment of a Receiver