reglab/housing_qa huggingface dataset:
TN Code § 29-40-111 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-111. Collection and Turnover of Receivership Property

  Unless the court orders otherwise, on demand by a receiver:  A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and   Subject to subsection (c), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.     A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.   If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor's lien on the property depends on the creditor's possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor's lien.   Unless a bona fide dispute exists about a receiver's right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
TN Code § 29-40-112 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-112. Powers and Duties of Receiver

  Except as limited by court order or the law of this state, other than this chapter, a receiver may:  Collect, control, manage, conserve, and protect receivership property;   Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;   In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property;   Assert a right, claim, cause of action, or defense of the owner that relates to receivership property;   Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers, and performance of the receiver's duties;   On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;   Engage a professional as provided in § 29-40-115;   Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and   Exercise any power conferred by court order, this chapter, or a law of this state other than this chapter.     With court approval, a receiver may:  Incur debt for the use or benefit of receivership property other than in the ordinary course of business;   Make improvements to receivership property;   Use or transfer receivership property other than in the ordinary course of business as provided in § 29-40-116;   Adopt or reject an executory contract of the owner as provided in § 29-40-117;   Pay compensation to the receiver as provided in § 29-40-121, and to each professional engaged by the receiver as provided in § 29-40-115;   Recommend allowance or disallowance of a claim of a creditor as provided in § 29-40-120; and   Make a distribution of receivership property as provided in § 29-40-120.     A receiver shall:  Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property;   Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property;   File with the county clerk of the county where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description;   Disclose to the court any fact arising during the receivership that would disqualify the receiver under § 29-40-107; and   Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.     The powers and duties of a receiver may be expanded, modified, or limited by court order.
TN Code § 29-40-113 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-113. Duties of Owner

  An owner shall:  Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties;   Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control;   Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control;   On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and   Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.     If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.   If a person knowingly fails to perform a duty imposed by this section, the court may:  Award the receiver actual damages caused by the person's failure, reasonable attorney's fees, and costs; and   Sanction the failure as civil contempt.
TN Code § 29-40-114 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-114. Stay — Injunction

  Except as otherwise provided in subsection (d) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:  To obtain possession of, exercise control over, or enforce a judgment against receivership property; and   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.     Except as otherwise provided in subsection (d), 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.   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.   An order under subsection (a) or (b) does not operate as a stay or injunction of:  An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;   An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;   Commencement or continuation of a criminal proceeding;   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 the governmental unit's police or regulatory power; or   Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.     The court may void an act that violates a stay or injunction under this section.   If a person knowingly violates a stay or injunction under this section, the court may:  Award actual damages caused by the violation, reasonable attorney's fees, and costs; and   Sanction the violation as civil contempt.
TN Code § 29-40-115 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-115. Engagement and Compensation of Professional

  With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:    A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party.   This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.      A receiver or professional engaged under subsection (a) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses.   The receiver shall pay the amount approved by the court.      The identity and qualifications of the professional;   The scope and nature of the proposed engagement;   Any potential conflict of interest; and   The proposed compensation.
TN Code § 29-40-116 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-116. Use or Transfer of Receivership Property Not in Ordinary Course of Business

  As used in this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.   With court approval, a receiver may use receivership property other than in the ordinary course of business.    With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition.   Unless the agreement of sale provides otherwise, a sale under this section is:  Free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and   Subject to a senior lien.       A lien on receivership property that is extinguished by a transfer under subsection (c) attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.    A transfer under subsection (c) may occur by means other than a public auction sale.   A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.     A reversal or modification of an order approving a transfer under subsection (c) does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
TN Code § 29-40-118 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-118. Defenses and Immunities of Receiver

  A receiver is entitled to all defenses and immunities provided by the law of this state, other than this chapter, for an act or omission within the scope of the receiver's appointment.   A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
TN Code § 29-40-119 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-119. Interim Report of Receiver

 A receiver may file or, if ordered by the court, shall file an interim report that includes:   The activities of the receiver since appointment or a previous report;   Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;   Receipts and dispositions of receivership property;   Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and   Any other information required by the court.
TN Code § 29-40-120 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-120. Notice of Appointment — Claim Against Receivership — Distribution to Creditors

  Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by:  Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and   Publication as directed by the court.      Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner that arose before appointment of the receiver must submit the claim to the receiver.   The date specified must be at least ninety (90) days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2).   The court may extend the period for submitting the claim.   Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.     A claim submitted by a creditor under this section must:  State the name and address of the creditor;   State the amount and basis of the claim;   Identify any property securing the claim;   Be signed by the creditor under penalty of perjury; and   Include a copy of any record on which the claim is based.     An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.    At any time before entry of an order approving a receiver's final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection.   The court shall allow or disallow the claim according to the law of this state, other than this chapter.     If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:  The receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only such creditors as the court directs; and   Unsecured creditors need not submit claims under this section.     Subject to § 29-40-121:  A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor's priority under the law of this state, other than this chapter; and   A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state, other than this chapter.
TN Code § 29-40-121 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-121. Fees and Expenses

  The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.   The court may order one (1) or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney's fees and costs:  A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or   A person whose conduct justified or would have justified the appointment of the receiver under § 29-40-106(a)(1).
TN Code § 29-40-122 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-122. Removal of Receiver — Replacement — Termination of Receivership

  The court may remove a receiver for cause.   The court shall replace a receiver that dies, resigns, or is removed.   If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.   The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:  The fees and expenses of the receivership, including reasonable attorney's fees and costs; and   Actual damages caused by the appointment, including reasonable attorney's fees and costs.
TN Code § 29-40-123 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-123. Final Report of Receiver — Discharge

  On completion of a receiver's duties, the receiver shall file a final report including:  A description of the activities of the receiver in the conduct of the receivership;   A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;   A list of disbursements, including payments to professionals engaged by the receiver;   A list of dispositions of receivership property;   A list of distributions made or proposed to be made from the receivership for creditor claims;   If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and   Any other information required by the court.     If the court approves a final report filed under subsection (a) and the receiver distributes all receivership property, the receiver is discharged.
TN Code § 29-40-124 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-124. Receivership in Another State — Ancillary Proceeding

  The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:  The person or nominee would be eligible to serve as receiver under § 29-40-107; and   The appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state.     The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.   Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this chapter.
TN Code § 29-40-125 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-125. Effect of Enforcement by Mortgagee

  A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:  Make the mortgagee a mortgagee in possession of the real property;   Make the mortgagee an agent of the owner;   Constitute an election of remedies that precludes a later action to enforce the secured obligation;   Make the secured obligation unenforceable;   Limit any right available to the mortgagee with respect to the secured obligation; or   Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to the law of this state, other than this chapter, governing or relating to a deficiency judgment.     If a receiver sells receivership property that pursuant to § 29-40-116(c) is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to the law of this state, other than this chapter, relating to a deficiency judgment.
TN Code § 29-40-126 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-126. Uniformity of Application and Construction

 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.
TN Code § 29-40-127 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-127. Relation to Electronic Signatures in Global and National Commerce Act

 This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. § 7003(b)).
TN Code § 29-40-128 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 40 - Uniform Commercial Real Estate Receivership Act|§ 29-40-128. Transition

 This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018.
TN Code § 29-41-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 41 - Abusive Civil Actions|§ 29-41-102. Applicability

 This chapter shall only apply to a civil action filed by a plaintiff against a defendant or defendants with whom the plaintiff shares a civil action party relationship.
TN Code § 29-41-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 41 - Abusive Civil Actions|§ 29-41-103. Defendant's Right to Raise Claim — Hearing on Court's Own Motion

  If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant:  In the answer to the civil action; or   By motion made at any time during the civil action.     The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.
TN Code § 29-41-104 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 41 - Abusive Civil Actions|§ 29-41-104. Hearing to Determine Merits of Defendant's Allegations

  If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine the merits of the defendant's allegations.   At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary.