ORS 37.300
Personal liability of receiver


(1)

A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:

(a)

Failure of the receiver to comply with an order of the court; or

(b)

An act or omission for which liability could not be limited under ORS 60.047 (Articles of incorporation) if the receiver were an Oregon corporation.

(2)

A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:

(a)

Fraud by the receiver;

(b)

An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or

(c)

An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.

(3)

Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.

(4)

A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.

(5)

Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]

Source: Section 37.300 — Personal liability of receiver, https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html.

37.010
Short title
37.020
Receivership described
37.030
Definitions
37.040
Applicability
37.050
Property not subject to receivership
37.060
Appointment of receiver
37.070
Eligibility to serve as receiver
37.080
Required disclosures relating to conflicts of interest
37.090
Receiver’s bond, alternative security or insurance
37.100
Exclusive jurisdiction of appointing court
37.110
Powers of receiver
37.120
Duties of receiver
37.130
Turnover of property
37.140
Collection by receiver of debts owed to owner
37.150
Duties of owner
37.160
Mailing and special notice lists to be maintained by receiver
37.170
Notices
37.180
When court order required
37.190
Creditor list and inventory
37.200
Receiver’s periodic reports
37.210
Claims bar date
37.220
Automatic stay of certain proceedings
37.230
Utility service
37.240
Executory contracts
37.250
Use or transfer of estate property outside ordinary course of business
37.260
Receivership financing
37.270
Recovery of costs related to secured property
37.280
Abandonment of property
37.290
Actions by or against receiver or affecting estate property
37.300
Personal liability of receiver
37.310
Employment and compensation of professionals
37.320
Participation of creditors and other interested persons in receivership
37.330
Initial notice to creditors and other interested persons
37.340
Claims process
37.350
Submission of claims by creditors
37.360
Objection to and allowance of claims
37.370
Priorities
37.380
Secured claims against after-acquired property
37.390
Ancillary receiverships
37.400
Removal of receiver
37.410
Termination of receivership
Green check means up to date. Up to date