37.130 Turnover of property
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/or/ors-chapter-37/receivership/37-130·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37.130 Turnover of property.
(1)Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.
(2)If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.
(3)A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.
(4)If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien. [2017 c.358 §13]