37.370 Priorities
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/or/ors-chapter-37/receivership/37-370·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37.370 Priorities.
(1)Allowed claims in a receivership receive distribution under the Oregon Receivership Code in the order of priority set forth in this subsection.
(a)The first priority is unpaid costs and expenses allowable under ORS 37.270.
(b)The second priority is claims of creditors with liens on estate property that are duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral. Secured claims must be paid from the proceeds in accordance with their respective priorities under otherwise applicable law.
(c)The third priority is actual, necessary costs and expenses incurred during the administration of the estate, other than those expenses allowable under subsection
(2)of this section, including allowed fees and reimbursement of reasonable charges and expenses of the receiver and professional persons employed by the receiver under ORS 37.310. Notwithstanding paragraph
(b)of this subsection, expenses incurred during the administration of the estate have priority over the secured claim of any creditor obtaining the appointment of the receiver.
(d)The fourth priority is claims to which 31 U.S.C. 3713 applies.
(e)The fifth priority is claims of creditors with liens on estate property that are not required to be perfected under applicable law. Such creditors receive the proceeds of the disposition of their collateral.
(f)The sixth priority is claims of creditors with liens on estate property that have not been duly perfected under applicable law. Such creditors receive the proceeds from the disposition of their collateral if and to the extent that unsecured claims are made subject to those liens under applicable law.
(g)The seventh priority is claims for wages, salaries or commissions, including vacation, severance and sick leave pay, or contributions to an employee benefit plan, earned by the claimant within 180 days of the earlier of the date of appointment of the receiver and the cessation of the estate’s business, but only to the extent of $12,850 in aggregate for each claimant.
(h)The eighth priority is unsecured claims of individuals, to the extent of $2,850 for each claimant, arising from the deposit with the owner before the date of appointment of the receiver of moneys in connection with the purchase, lease or rental of property or the purchase of services for personal, family or household use that were not delivered or provided.
(i)The ninth priority is claims for a spousal support debt or child support debt, except to the extent that the debt:
(A)Is assigned to another entity, voluntarily, by operation of law, or otherwise; or
(B)Includes a liability designated as a support obligation, unless that liability is actually in the nature of a support obligation.
(j)The tenth priority is unsecured claims of state governmental units for taxes that accrued before the appointment of the receiver.
(k)The eleventh priority is other unsecured claims.
(L)The last priority is interests of the owner.
(2)If the proceeds from the disposition of collateral securing an allowed secured claim are less than the amount of the claim or a creditor’s lien is avoided on any basis, the creditor has an unsecured claim in the amount of the deficiency.
(3)Except for claimants described in subsection (1)(b) and
(d)of this section, claimants receive distributions on a pro rata basis.
(4)If all of the claims under subsection
(1)of this section have been paid in full, the receiver shall pay any residue to the owner. [2017 c.358 §37]