reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-20 - State Environmental Rights › Section 10-20-7. - Remand for administrative or licensing proceedings.

§ 10-20-7. Remand for administrative or licensing proceedings.
(a)
If administrative, licensing, or other similar proceedings are required to determine the legality of the defendants’ conduct, the court shall remand the parties to such proceedings. If administrative, licensing, or other similar proceedings are available to determine the legality of the defendants’ conduct, the court may remand the parties to such proceedings. In so remanding the parties the court may grant temporary equitable relief where appropriate as set forth in § 10-20-6. In so remanding the parties the court shall retain jurisdiction of the cause pending completion thereof.
(b)
Upon completion of the proceedings, the court shall adjudicate the impact of the defendants’ conduct, program or product on the air, water, land, or other natural resources located within the state in accordance with §§ 10-20-2 — 10-20-6. In such adjudication, the court may order that additional evidence be taken to the extent necessary.
(c)
Where, as to any administrative, licensing, or other similar proceedings referred to in subsection (a), judicial review thereof is available, notwithstanding any other provisions of law to the contrary, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.
(d)
Nothing in this section shall be applicable to any action maintained under § 10-20-9 or to any appropriate administrative proceeding required thereunder.
History of Section.
P.L. 1978, ch. 224, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-20 - State Environmental Rights › Section 10-20-8. - Administrative and licensing proceedings — Intervention by environment advocate.

§ 10-20-8. Administrative and licensing proceedings — Intervention by environment advocate.
(a)
Except as otherwise provided in § 10-20-9, in any administrative, licensing, or other similar proceedings and in any action for judicial review thereof which is made available by law, the environmental advocate may intervene on such terms as the court may deem just and equitable in order to effectuate the purposes and policies set forth in § 10-20-1.
(b)
In any administrative, licensing, or other similar proceedings, the agency shall consider the alleged impairment, pollution, or destruction of the air, water, land, or other natural resources located within the state and no conduct shall be authorized or approved which does, or is likely to have, such effect so long as there is a feasible, prudent, and economically viable alternative consistent with the reasonable requirements of the public health, safety, and welfare.
History of Section.
P.L. 1978, ch. 224, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-20 - State Environmental Rights › Section 10-20-9. - Actions against state — Challenge to environmental quality standard — Remand to state agency — Intervention — Venue.

§ 10-20-9. Actions against state — Challenge to environmental quality standard — Remand to state agency — Intervention — Venue.
(a) Civil actions.
As hereinafter provided in this section, any city or town residing within the state or the environmental advocate may maintain a civil action in the superior court for declaratory or equitable relief against the state or any agency or instrumentality thereof where the nature of the action is a challenge to an environmental quality standard for which the applicable statutory appeal period has elapsed.
(b) Burden of proof.
In any action maintained under this section, the plaintiff shall have the burden of proving by a preponderance of the evidence that the environmental quality standard is substantially inadequate to protect the air, water, land, or other natural resources located within the state from pollution, impairment, or destruction.
(c) Remand; judicial review.
In any action maintained under this section, the superior court, upon showing by the plaintiff of those matters specified in subsection (b), may remand the parties to the state agency or instrumentality that promulgated the environmental quality standard which is the subject of the action, requiring the agency or instrumentality to institute the appropriate administrative proceedings to consider and make findings and an order on those matters specified in subsection (b). In so remanding the parties, the court may grant temporary equitable relief where appropriate to prevent irreparable injury to the air, water, land, or other natural resources located within the state. In so remanding the parties, the court shall retain jurisdiction for purposes of judicial review to determine whether the order of the agency is supported by a preponderance of the evidence. If plaintiff fails to establish a prima facie showing, the court shall dismiss the action.
(d) Intervention.
In any action maintained under this section, any person residing within the state or the environmental advocate may intervene as a party, provided that the person makes timely application to the superior court prior to the court’s remand of the action as specified in subsection (c).
(e) Venue.
Any action maintained under this section shall be brought in the superior court of Providence county.
History of Section.
P.L. 1978, ch. 224, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-20 - State Environmental Rights › Section 10-20-10. - Rights and remedies nonexclusive.

§ 10-20-10. Rights and remedies nonexclusive.
No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by § 10-20-3. The rights and remedies provided herein shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available.
History of Section.
P.L. 1978, ch. 224, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-20 - State Environmental Rights › Section 10-20-11. - Short title.

§ 10-20-11. Short title.
Chapter 20 of this title may be cited as the “Rhode Island Environmental Rights Act”.
History of Section.
P.L. 1978, ch. 224, § 1.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-1. - Short title.

§ 10-21-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Commercial Receivership Act.”
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-2.1. - Additional definitions for emergency declaration temporary non-liquidating receivership.

§ 10-21-2.1. Additional definitions for emergency declaration temporary non-liquidating receivership.
In this chapter:
(1)
“Emergency” means a serious, dangerous, or unexpected situation that causes or potentially causes widespread or substantial loss of life, injury, damage, or public health concern for a significant number of persons or substantial loss of property, including a “disaster” as defined in § 30-15-3.
(2)
“Emergency declaration” means a declaration of disaster emergency issued by the governor pursuant to § 30-15-9.
(3)
“Emergency declaration provisions” means §§ 10-21-2.1, 10-21-3.1, 10-21-6.1, 10-21-12.1, 10-21-13.1, 10-21-14.1, 10-21-16.1, 10-21-19.1, 10-21-21.1, and 10-21-28.1.
(4)
“Temporary non-liquidating receiver” means a receiver appointed under the emergency declaration provisions.
(5)
“Temporary non-liquidating receivership” means a receivership in which a temporary non-liquidating receiver has been appointed.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-3. - Notice and opportunity for hearing.

§ 10-21-3. Notice and opportunity for hearing.
(a)
Except as otherwise provided in subsection (b) of this section, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances.
(b)
The court may issue an order under this chapter:
(1)
Without prior notice if the circumstances require issuance of an order before notice is given;
(2)
After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or
(3)
After notice and without a hearing if no interested party timely requests a hearing.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-3.1. - Administrative and procedural orders in temporary non-liquidating receivership.

§ 10-21-3.1. Administrative and procedural orders in temporary non-liquidating receivership.
The general assembly acknowledges that:
(1)
The presiding justice of the superior court may issue administrative orders governing the procedures in temporary non-liquidating receiverships.
(2)
The business calendar justice to whom a temporary non-liquidating receivership has been assigned may issue procedural orders in the temporary non-liquidating receivership.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-4. - Scope — Exclusions.

§ 10-21-4. Scope — Exclusions.
(a)
Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a receivership for an interest in any one or more of the following:
(1)
Real property and any personal property related to or used in operating the real property; or
(2)
Personal property and fixtures.
(b)
This chapter does not apply to a receivership for an interest in real property improved by one to four (4) dwelling units unless:
(1)
The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner’s primary residence;
(2)
The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;
(3)
The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner’s business; or
(4)
The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c)
This chapter does not apply to a receivership authorized by law of this state other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by the other law.
(d)
This chapter does not limit the authority of a court to appoint a receiver under law of this state other than this chapter.
(e)
Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-5. - Power of court.

§ 10-21-5. Power of court.
The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-6. - Appointment of receiver.

§ 10-21-6. Appointment of receiver.
(a)
The court may appoint a receiver:
(1)
Before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potential:
(i)
Is being subjected to or is in danger of waste, loss, dissipation, misapplication, or impairment; or
(ii)
Has been or is about to be the subject of a voidable transaction;
(2)
After judgment:
(i)
To carry the judgment into effect; or
(ii)
To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
(3)
In an action against a person that is not an individual if:
(i)
The object of the action is the dissolution of the person;
(ii)
The person is not an individual, and the person has been dissolved or revoked;
(iii)
The persons responsible for management of the person are deadlocked in the management of the person’s affairs;
(iv)
The acts of the persons in control of the person are illegal, oppressive, or fraudulent; or
(v)
The person is insolvent or generally is not paying the person’s debts as those debts become due; or
(4)
In an action in which a receiver may be appointed on equitable grounds.
(b)
In connection with the foreclosure or other enforcement of a security agreement, the court may appoint a receiver for the collateral if:
(1)
Appointment is necessary to protect the collateral from waste, loss, transfer, dissipation, misapplication, or impairment;
(2)
The debtor agreed in a signed record to appointment of a receiver on default;
(3)
The owner agreed, after default and in a signed record, to appointment of a receiver;
(4)
The collateral and any other security held by the secured party are not reasonably expected to be sufficient to satisfy the secured obligation; or
(5)
The owner fails to turn over to the secured party proceeds or rents the secured party was entitled to collect.
(c)
The court may condition appointment of a receiver without prior notice under § 10-21-3(b)(1) or without a prior hearing under § 10-21-3(b)(2) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorneys’ fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-6.1. - Appointment of temporary non-liquidating receiver.

§ 10-21-6.1. Appointment of temporary non-liquidating receiver.
The court may appoint a temporary non-liquidating receiver on the request of the owner if:
(1)
As of the date of an emergency declaration, the owner was not insolvent;
(2)
As of the date of an emergency declaration, the owner was generally paying its debts as those debts became due;
(3)
As of the date of an emergency declaration, the owner was not in material default of its obligations to a secured party; and
(4)
Either:
(i)
Because of the events giving rise to the emergency, the owner’s gross revenue has declined by more than twenty percent (20%), in a sixty (60) day period beginning on or after the date of an emergency declaration, as compared to the same period of the previous year; or
(ii)
Because of action by a governmental unit exercising its police or regulatory power to mitigate or otherwise address the emergency, the owner suspended or ceased a substantial part of its business operations.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-7. - Disqualification from appointment as receiver — Disclosure of interest.

§ 10-21-7. Disqualification from appointment as receiver — Disclosure of interest.
(a)
The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(b)
Except as otherwise provided in subsection (c) of this section, a person is disqualified from appointment as receiver if the person:
(1)
Is an affiliate of a party;
(2)
Has an interest materially adverse to an interest of a party;
(3)
Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(4)
Has a debtor-creditor relationship with a party; or
(5)
Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.
(c)
A person is not disqualified from appointment as receiver solely because the person:
(1)
Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(2)
Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(3)
Maintains with a party a deposit account as defined in § 6A-9-102(a)(29).
(d)
A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-8. - Receiver’s bond — Alternative security.

§ 10-21-8. Receiver’s bond — Alternative security.
(a)
Except as otherwise provided in subsection (b) of this section, a receiver shall post with the court a bond that:
(1)
Is conditioned on the faithful discharge of the receiver’s duties;
(2)
Has one or more sureties approved by the court;
(3)
Is in an amount the court specifies; and
(4)
Is effective as of the date of the receiver’s appointment.
(b)
The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver’s discharge.
(c)
The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(d)
A claim against a receiver’s bond or alternative security must be made not later than one year after the date the receiver is discharged.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-9. - Status of receiver as lien creditor.

§ 10-21-9. Status of receiver as lien creditor.
On appointment of a receiver, in addition to the receiver’s other status under this chapter, the receiver has the status of a lien creditor under:
(1)
Chapter 9 of title 6A as to receivership property that is personal property or fixtures; and
(2)
Section 34-13-2 as to receivership property that is real property.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-10. - Security interest covering after-acquired property.

§ 10-21-10. Security interest covering after-acquired property.
Except as otherwise provided by law of this state other than this chapter, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-11. - Collection and turnover of receivership property.

§ 10-21-11. Collection and turnover of receivership property.
(a)
Unless the court orders otherwise, on demand by a receiver:
(1)
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
(2)
Subject to subsection (c) of this section, a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(b)
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.
(c)
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.
(d)
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.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-12.1. - Powers and duties of temporary non-liquidating receiver — Operating plan.

§ 10-21-12.1. Powers and duties of temporary non-liquidating receiver — Operating plan.
(a)
A temporary non-liquidating receiver shall:
(1)
Assist the owner in developing an operating plan in consultation;
(2)
Present the operating plan to the court for approval; and
(3)
Monitor the owner’s business operations and the owner’s compliance with the plan.
(b)
An operating plan must:
(1)
Except to the extent that a particular creditor has agreed to a different treatment of its claim:
(i)
Provide for the payment of any secured obligation of the owner on the terms of the secured obligation;
(ii)
Provide for the payment of the owner’s debts accruing or arising after the appointment of the receiver when such debts become due; and
(iii)
Provide for the payment of each of the owner’s other debts either:
(A)
In periodic installments over a term of not more than three (3) years after the court approves the plan; or
(B)
As to a particular debt, in such other manner as the owner and the creditor may agree in a record; and
(2)
Include such other measures as necessary to justify the termination of the receivership.
(c)
The court may modify the operating plan.
(d)
A temporary non-liquidating receiver may not exercise any of the powers under §§ 10-21-12(a)(1) through (4) unless:
(1)
The court directs otherwise for cause; or
(2)
The owner defaults on an approved operating plan after such notice and opportunity to cure the default as the court specifies.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-13. - Duties of owner.

§ 10-21-13. Duties of owner.
(a)
An owner shall:
(1)
Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;
(2)
Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;
(3)
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;
(4)
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
(5)
Perform any duty imposed by court order, this chapter, or law of this state other than this chapter.
(b)
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.
(c)
If a person knowingly fails to perform a duty imposed by this section, the court may:
(1)
Award the receiver actual damages caused by the person’s failure, reasonable attorneys’ fees, and costs; and
(2)
Sanction the failure as civil contempt.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-13.1. - Owner’s duties in temporary non-liquidating receivership.

§ 10-21-13.1. Owner’s duties in temporary non-liquidating receivership.
Unless the court orders otherwise, the owner shall:
(1)
Develop an operating plan and any modifications to the plan that the temporary non-liquidating receiver may propose;
(2)
Obtain court approval of the operating plan; and
(3)
Timely perform the owner’s duties under the operating plan.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-14. - Stay — Injunction.

§ 10-21-14. Stay — Injunction.
(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; and
(2)
To enforce a lien against receivership property to the extent the lien secures a claim against the owner which 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 this section does not operate as a stay or injunction of:
(1)
An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(2)
Commencement or continuation of a criminal proceeding;
(3)
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;
(4)
Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability; or
(5)
Exercise of rights of a party to a swap agreement, securities contract, repurchase agreement, commodity contract, forward contract, or master netting agreement, as those terms are defined in the federal Bankruptcy Code, to the extent that a court would not have the power to stay the exercise if the defendant were a debtor under the Bankruptcy Code.
(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 attorneys’ fees, and costs; and
(2)
Sanction the violation as civil contempt.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-14.1. - Stay in a temporary non-liquidating receivership.

§ 10-21-14.1. Stay in a temporary non-liquidating receivership.
On appointment of a temporary non-liquidating receiver, the stay under § 10-21-14(a) is effective for the period that the court considers necessary, but not more than ninety (90) days. The court may extend the stay in increments of not more than thirty (30) days.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-15. - Engagement and compensation of professional.

§ 10-21-15. Engagement and compensation of professional.
(a)
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:
(1)
The identity and qualifications of the professional;
(2)
The scope and nature of the proposed engagement;
(3)
Any potential conflict of interest; and
(4)
The proposed compensation.
(b)
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.
(c)
A receiver or professional engaged under subsection (a) of this section 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.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-16. - Use or transfer of receivership property not in the ordinary course of business.

§ 10-21-16. Use or transfer of receivership property not in the ordinary course of business.
(a)
In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(b)
With court approval, a receiver may use receivership property other than in the ordinary course of business.
(c)
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. However, unless the holder of a senior lien consents, such a sale:
(1)
Is subject to the senior lien and to the rights and remedies of the holder of the senior lien under law other than this chapter; and
(2)
Does not affect the obligation secured by the senior lien.
(d)
A lien on receivership property which is extinguished by a transfer under subsection (c) of this section 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.
(e)
A transfer under subsection (c) of this section 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.
(f)
A reversal or modification of an order approving a transfer under subsection (c) of this section 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 or not the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-16.1. - Use or transfer of receivership property in a temporary non-liquidating receivership.

§ 10-21-16.1. Use or transfer of receivership property in a temporary non-liquidating receivership.
The owner may use or transfer receivership property, by sale, lease, license, exchange or other disposition, only:
(1)
With court approval; and
(2)
After the court approves the operating plan, in accordance with the plan.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-18. - Defenses and immunities of receiver.

§ 10-21-18. Defenses and immunities of receiver.
(a)
A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver’s appointment.
(b)
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.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-19. - Interim report of receiver.

§ 10-21-19. Interim report of receiver.
A receiver may file or, if ordered by the court, shall file an interim report that includes:
(1)
The activities of the receiver since appointment or a previous report;
(2)
Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3)
Receipts and dispositions of receivership property;
(4)
Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5)
Any other information required by the court.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-19.1. - Interim report of temporary non-liquidating receiver.

§ 10-21-19.1. Interim report of temporary non-liquidating receiver.
In addition to the any interim report required by § 10-21-19, unless the court orders otherwise, a temporary non-liquidating receiver shall file a monthly report that includes:
(1)
Development and implementation of the operating plan; and
(2)
The owner’s compliance with the operating plan and with this chapter.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-20. - Notice of appointment — Claim against receivership — Distribution to creditors.

§ 10-21-20. Notice of appointment — Claim against receivership — Distribution to creditors.
(a)
Except as otherwise provided in subsection (f) of this section, a receiver shall give notice of appointment of the receiver to creditors of the owner by:
(1)
Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and
(2)
Publication as directed by the court.
(b)
Except as otherwise provided in subsection (f) of this section, the notice required by subsection (a) of this section must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least four (4) months after the later of notice under subsection (a)(1) of this section or last publication under subsection (a)(2) of this section. 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.
(c)
A claim submitted by a creditor under this section must:
(1)
State the name and address of the creditor;
(2)
State the amount and basis of the claim;
(3)
Identify any property securing the claim;
(4)
Be signed by the creditor under penalty of perjury; and
(5)
Include a copy of any record on which the claim is based.
(d)
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.
(e)
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 law of this state other than this chapter.
(f)
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:
(1)
The receiver need not give notice under subsection (a) of this section of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(2)
Unsecured creditors need not submit claims under this section.
(g)
Subject to § 10-21-21:
(1)
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 law of this state other than this chapter; and
(2)
A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to law of this state other than this chapter.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-21. - Fees and expenses.

§ 10-21-21. Fees and expenses.
(a)
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.
(b)
The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorneys’ fees and costs:
(1)
A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(2)
A person whose conduct justified or would have justified the appointment of the receiver under § 10-21-6(a)(1).
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-21.1. - Emergency declaration receivership program coordinator.

§ 10-21-21.1. Emergency declaration receivership program coordinator.
The presiding justice of the superior court may appoint an individual to serve as program coordinator to identify and coordinate sources for funding, legal services, accounting services, and other appropriate services for temporary non-liquidating receiverships. The individual must have appropriate qualifications for the position and shall serve at the pleasure of the presiding justice. The program coordinator is not a judicial officer, but may be sued personally for an act or omission in performing his or her duties only with the approval of the presiding justice. On application to the presiding justice after notice and opportunity for hearing, the program coordinator may be awarded reasonable compensation through an equitable charge on receivership property in temporary non-liquidating receiverships.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-22. - Removal of receiver — Replacement — Termination of receivership.

§ 10-21-22. Removal of receiver — Replacement — Termination of receivership.
(a)
The court may remove a receiver for cause.
(b)
The court shall replace a receiver that dies, resigns, or is removed.
(c)
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.
(d)
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:
(1)
The fees and expenses of the receivership, including reasonable attorneys’ fees and costs; and
(2)
Actual damages caused by the appointment, including reasonable attorneys’ fees and costs.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-23. - Final report of receiver — Discharge.

§ 10-21-23. Final report of receiver — Discharge.
(a)
On completion of a receiver’s duties, the receiver shall file a final report including:
(1)
A description of the activities of the receiver in the conduct of the receivership;
(2)
A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(3)
A list of disbursements, including payments to professionals engaged by the receiver;
(4)
A list of dispositions of receivership property;
(5)
A list of distributions made or proposed to be made from the receivership for creditor claims;
(6)
If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(7)
Any other information required by the court.
(b)
If the court approves a final report filed under subsection (a) of this section and the receiver distributes all receivership property, the receiver is discharged.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-24. - Receivership in another state — Ancillary proceeding.

§ 10-21-24. Receivership in another state — Ancillary proceeding.
(a)
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:
(1)
The person or nominee would be eligible to serve as receiver under this chapter; and
(2)
The appointment furthers the person’s possession, custody, control, or disposition of property subject to the receivership in the other state.
(b)
The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(c)
Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) of this section has the rights, powers, and duties of a receiver appointed under this chapter.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-25. - Effect of enforcement by secured party.

§ 10-21-25. Effect of enforcement by secured party.
A request by a secured party for appointment of a receiver, the appointment of a receiver, or application by a secured party of receivership property or proceeds to the secured obligation does not:
(1)
Make the secured party a mortgagee in possession of the real property;
(2)
Impose any duty on the secured party under § 6A-9-207;
(3)
Make the secured party an agent of the owner;
(4)
Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(5)
Make the secured obligation unenforceable; or
(6)
Limit any right available to the secured party with respect to the secured obligation.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
2023 Rhode Island General Laws › Title 10 - Courts and Civil Procedure – Procedure in Particular Actions › Chapter 10-21 - Rhode Island Commercial Receivership Act › Section 10-21-26. - Uniformity of application and construction.

§ 10-21-26. 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 its subject matter among states that enact it.
History of Section.
P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.