North Dakota § 32-10.1-13 Stay - Injunction

North Dakota Statutes

§ 32-10.1-13 — Stay - Injunction

North Dakota § 32-10.1-13

Title 32Judicial Remedies

Ch. 32-10.1Uniform Commercial Real Estate Receivership Act

This text of North Dakota § 32-10.1-13 (Stay - Injunction) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-10.1-13 (2026).

Text

1.Except as otherwise provided in subsection 4 or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:

a.To obtain possession of, exercise control over, or enforce a judgment against receivership property; and

b.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.

2.Except as otherwise provided in subsection 4, 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.

3.A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court f

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1. Except as otherwise provided in subsection 4 or ordered by the court, an order
appointing a receiver operates as a stay, applicable to all persons, of an act, action, or
proceeding:
a. To obtain possession of, exercise control over, or enforce a judgment against
receivership property; and
b. 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.
2. Except as otherwise provided in subsection 4, 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.
3. 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.
4. An order under subsection 1 or 2 does not operate as a stay or injunction of:
a. An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the
person seeking appointment of the receiver;
b. An act, action, or proceeding to perfect, or maintain or continue the perfection of,
an interest in receivership property;
c. Commencement or continuation of a criminal proceeding;
d. 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; or

e. Establishment by a governmental unit of a tax liability against the owner or
receivership property or an appeal of the liability.
5. The court may void an act that violates a stay or injunction under this section.
6. If a person knowingly violates a stay or injunction under this section, the court may:
a. Award actual damages caused by the violation, reasonable attorney's fees, and
costs; and
b. Sanction the violation as civil contempt.