33-2613. Stay; injunction

323 words·~1 min read·/az/title-33/33-2613

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Except as otherwise provided in subsection D of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding:

1. To obtain possession of, exercise control over or enforce a judgment against receivership property.

2. To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.

B. Except as otherwise provided in subsection D of this section, the court may enjoin an act, action or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.

C. A person whose act, action or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.

D. An order under subsection A or B of section does not operate as a stay or injunction of:

1. An act, action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.

2. An act, action or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

3. Commencement or continuation of a criminal proceeding.

4. Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.

5. Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

E. The court may void an act that violates a stay or injunction under this section.

F. If a person knowingly violates a stay or injunction under this section, the court may:

1. Award actual damages caused by the violation, reasonable attorney's fees and costs.

2. Sanction the violation as civil contempt.