§ 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.