Michigan Laws 554.1024 – Stay or injunction
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Terms Used In Michigan Laws 554.1024
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: means the circuit court. See Michigan Laws 554.1012
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Michigan Laws 554.1012
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means an interest in property that secures payment or performance of an obligation. See Michigan Laws 554.1012
- Owner: means the person for whose property a receiver is appointed. See Michigan Laws 554.1012
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Michigan Laws 554.1012
- Property: means all of a person's right, title, and interest, both legal and equitable, in real property, personal property, and fixtures tangible and intangible, wherever located and however acquired. See Michigan Laws 554.1012
- Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this act or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Michigan Laws 554.1012
- Receivership: means a proceeding in which a receiver is appointed. See Michigan Laws 554.1012
- Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Michigan Laws 554.1012
- Security agreement: means an agreement that creates or provides for a lien, including a mortgage. See Michigan Laws 554.1012
(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 to do any of the following:
(a) Obtain possession of, exercise control over, or enforce a judgment against receivership property.
(b) Enforce a lien against receivership property to the extent the lien secures a claim against the owner that 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 any of the following:
(a) An act, action, or proceeding to foreclose or otherwise enforce a security agreement 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.
(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 do 1 or both of the following:
(a) Award actual damages caused by the violation, reasonable attorney fees, and costs.
(b) Sanction the violation as contempt.