Connecticut 2019 Regular Session Status: Passed House 2 D cosponsors

HB 7271 — AN ACT CONCERNING THE UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT.

Last action — SENATE CALENDAR NUMBER 418

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

101 added · 78 removed

101 line(s) added, 78 removed.

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General Assembly Raised Bill No.
General Assembly Substitute Bill No.
7271 January Session, 2019 LCO No.
7271 January Session, 2019 AN ACT CONCERNING THE UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT.
4975 Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT CONCERNING THE UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT.
(iii) A companion of an ancestor or descendant described in LCO No.
(iii) A companion of an ancestor or descendant described in subparagraph (A)(ii) of this subdivision;
4975 1 of 26 Raised Bill No.7271 subparagraph (A)(ii) of this subdivision;
or (v) Any other individual occupying the residence of the individual;
or LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07271-R01 of 26 HB.docx Substitute Bill No.
7271 (v) Any other individual occupying the residence of the individual;
(7) "Mortgage" means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the LCO No.
(7) "Mortgage" means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the record also creates or provides for a lien on personal property.
4975 2 of 26 Raised Bill No.7271 record also creates or provides for a lien on personal property.
(9) "Mortgagor" means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage.
(9) "Mortgagor" means a person that grants a mortgage or a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07272 of 26 R01-HB.docx } Substitute Bill No.
7271 successor in ownership of the real property described in the mortgage.
LCO No.
(14) "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 sections 1 to 28, inclusive, of this act or court order, transfer, sell, lease, license, exchange, collect or otherwise LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07273 of 26 R01-HB.docx } Substitute Bill No.
4975 3 of 26 Raised Bill No.7271 (14) "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 sections 1 to 28, inclusive, of this act or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property.
7271 dispose of receivership property.
or (F) Other sums payable under an agreement relating to the real property of another person which constitute rents under the law of this LCO No.
or (F) Other sums payable under an agreement relating to the real property of another person which constitute rents under the law of this state other than sections 1 to 28, inclusive, of this act.
4975 4 of 26 Raised Bill No.7271 state other than sections 1 to 28, inclusive, of this act.
(20) "Security agreement" means an agreement that creates or provides for a lien.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07274 of 26 R01-HB.docx } Substitute Bill No.
7271 (20) "Security agreement" means an agreement that creates or provides for a lien.
LCO No.
Sec.
4975 5 of 26 Raised Bill No.7271 Sec.
(NEW) (Effective October 1, 2019) (a) Except as otherwise provided in subsection (b) or (c) of this section, sections 1 to 28, inclusive, of this act apply to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(NEW) (Effective October 1, 2019) (a) Except as otherwise provided in subsection (b) or (c) of this section, sections 1 to 28, inclusive, of this act apply to a receivership for an interest in real property and any personal property related to or used in operating the LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07275 of 26 R01-HB.docx } Substitute Bill No.
7271 real property.
(e) Unless displaced by a particular provision of sections 1 to 28, inclusive, of this act, the principles of law and equity supplement LCO No.
(e) Unless displaced by a particular provision of sections 1 to 28, inclusive, of this act, the principles of law and equity supplement sections 1 to 28, inclusive, of this act.
4975 6 of 26 Raised Bill No.7271 sections 1 to 28, inclusive, of this act.
(NEW) (Effective October 1, 2019) The court that appoints a receiver under sections 1 to 28, inclusive, of this act has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
(NEW) (Effective October 1, 2019) The court that appoints a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07276 of 26 R01-HB.docx } Substitute Bill No.
7271 receiver under sections 1 to 28, inclusive, of this act has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
LCO No.
(3) The owner agreed, after default and in a signed record, to LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277 of 26 R01-HB.docx } Substitute Bill No.
4975 7 of 26 Raised Bill No.7271 (3) The owner agreed, after default and in a signed record, to appointment of a receiver;
7271 appointment of a receiver;
or (5) Holds an equity interest in a party, other than a noncontrolling LCO No.
or (5) Holds an equity interest in a party, other than a noncontrolling LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07278 of 26 R01-HB.docx } Substitute Bill No.
4975 8 of 26 Raised Bill No.7271 interest in a publicly traded company.
7271 interest in a publicly traded company.
or (3) Maintains with a party a deposit account as defined in subdivision (29) of subsection (a) of section 42a-9-102 of the general statutes.
or (3) Maintains with a party a deposit account, as defined in subdivision (29) of subsection (a) of section 42a-9-102 of the general statutes.
LCO No.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07279 of 26 R01-HB.docx } Substitute Bill No.
4975 9 of 26 Raised Bill No.7271 (c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
7271 (c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(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.
(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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07210 of 26 R01-HB.docx } Substitute Bill No.
LCO No.
7271 payment to the owner.
4975 10 of 26 Raised Bill No.7271 (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.
(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.
(6) 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;
(6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07211 of 26 R01-HB.docx } Substitute Bill No.
LCO No.
7271 records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;
4975 11 of 26 Raised Bill No.7271 (7) Engage a professional as provided in section 15 of this act;
(7) Engage a professional, as provided in section 15 of this act;
(3) Use or transfer receivership property other than in the ordinary course of business as provided in section 16 of this act;
(3) Use or transfer receivership property other than in the ordinary course of business, as provided in section 16 of this act;
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(4) Adopt or reject an executory contract of the owner as provided in section 17 of this act;
(4) Adopt or reject an executory contract of the owner, as provided in section 17 of this act;
(5) Pay compensation to the receiver as provided in section 21 of this act and to each professional engaged by the receiver as provided in section 15 of this act;
(5) Pay compensation to the receiver, as provided in section 21 of this act and to each professional engaged by the receiver, as provided in section 15 of this act;
(6) Recommend allowance or disallowance of a claim of a creditor as provided in section 20 of this act;
(6) Recommend allowance or disallowance of a claim of a creditor, as provided in section 20 of this act;
and (7) Make a distribution of receivership property as provided in section 20 of this act.
and (7) Make a distribution of receivership property, as provided in section 20 of this act.
(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property;
(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07271-12 of 26 R01-HB.docx } Substitute Bill No.
(2) Account for receivership property, including the proceeds of a LCO No.
7271 property;
4975 12 of 26 Raised Bill No.7271 sale, lease, license, exchange, collection or other disposition of the property;
(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property;
(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;
(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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0727113 of 26 R01-HB.docx } Substitute Bill No.
and (5) Perform any duty imposed by court order, sections 1 to 28, LCO No.
7271 property or the receivership;
4975 13 of 26 Raised Bill No.
and (5) Perform any duty imposed by court order, sections 1 to 28, inclusive, of this act or the law of this state other than sections 1 to 28, inclusive, of this act.
7271 inclusive, of this act or the law of this state other than sections 1 to 28, inclusive, of this act.
(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.
(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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0727114 of 26 R01-HB.docx } Substitute Bill No.
(d) An order under subsection (a) or (b) of this section does not LCO No.
7271 injunction for cause.
4975 14 of 26 Raised Bill No.7271 operate as a stay or injunction of:
(d) An order under subsection (a) or (b) of this section does not operate as a stay or injunction of:
(1) The identity and qualifications of the professional;
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07215 of 26 R01-HB.docx } Substitute Bill No.
7271 (1) The identity and qualifications of the professional;
LCO No.
(3) Any potential conflict of interest;
4975 15 of 26 Raised Bill No.7271 (3) Any potential conflict of interest;
(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.
(d) A lien on receivership property which is extinguished by a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07216 of 26 R01-HB.docx } Substitute Bill No.
LCO No.
7271 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.
4975 16 of 26 Raised Bill No.7271 (e) A transfer under subsection (c) of this section may occur by means other than a public auction sale.
(e) A transfer under subsection (c) of this section may occur by means other than a public auction sale.
(c) A receiver's performance of an executory contract before court approval under subsection (b) of this section of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.
(c) A receiver's performance of an executory contract before court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0727117 of 26 R01-HB.docx } Substitute Bill No.
(d) A provision in an executory contract which requires or permits a forfeiture, modification or termination of the contract because of the LCO No.
7271 approval under subsection (b) of this section of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.
4975 17 of 26 Raised Bill No.7271 appointment of a receiver or the financial condition of the owner does not affect a receiver's power under subsection (b) of this section to adopt the contract.
(d) A provision in an executory contract which requires or permits a forfeiture, modification or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver's power under subsection (b) of this section to adopt the contract.
or (2) Retain the purchaser's right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
or (2) Retain the purchaser's right to possession under the contract, and in that case the purchaser shall continue to perform all obligations LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072718 of 26 R01-HB.docx } Substitute Bill No.
7271 arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
LCO No.
(1) The tenant occupies the leased premises as the tenant's primary residence;
4975 18 of 26 Raised Bill No.7271 (1) The tenant occupies the leased premises as the tenant's primary residence;
(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.
(b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072719 of 26 R01-HB.docx } Substitute Bill No.
7271 that appointed the receiver.
(2) Receipts and disbursements, including a payment made or LCO No.
(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
4975 19 of 26 Raised Bill No.7271 proposed to be made to a professional engaged by the receiver;
(1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last-known address of each creditor;
(1) Deposit for delivery through first class mail or other commercially reasonable delivery method to the last-known address of each creditor;
(c) A claim submitted by a creditor under this section must:
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07220 of 26 R01-HB.docx } Substitute Bill No.
7271 (c) A claim submitted by a creditor under this section must:
and LCO No.
and (5) Include a copy of any record on which the claim is based.
4975 20 of 26 Raised Bill No.
7271 (5) Include a copy of any record on which the claim is based.
and (2) 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 sections 1 to 28, inclusive, of this act.
and LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0727121 of 26 R01-HB.docx } Substitute Bill No.
7271 (2) 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 sections 1 to 28, inclusive, of this act.
LCO No.
(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:
4975 21 of 26 Raised Bill No.7271 (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:
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:
If the court finds LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07222 of 26 R01-HB.docx } Substitute Bill No.
7271 that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(NEW) (Effective October 1, 2019) (a) On completion of a LCO No.
(NEW) (Effective October 1, 2019) (a) On completion of a receiver's duties, the receiver shall file a final report including:
4975 22 of 26 Raised Bill No.7271 receiver's duties, the receiver shall file a final report including:
(NEW) (Effective October 1, 2019) (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 sections 1 to 28, inclusive, of this act, if:
(NEW) (Effective October 1, 2019) (a) The court may appoint a receiver appointed in another state, or that person's nominee, as an LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07223 of 26 R01-HB.docx } Substitute Bill No.
7271 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 sections 1 to 28, inclusive, of this act, if:
LCO No.
(b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
4975 23 of 26 Raised Bill No.7271 (b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(NEW) (Effective October 1, 2019) In applying and construing sections 1 to 28, inclusive, of this 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.
(NEW) (Effective October 1, 2019) In applying and construing LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07224 of 26 R01-HB.docx } Substitute Bill No.
7271 sections 1 to 28, inclusive, of this 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.
(NEW) (Effective October 1, 2019) Sections 1 to 28, inclusive, of this act modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC Section 7001(c) or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
(NEW) (Effective October 1, 2019) Sections 1 to 28, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c) or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
LCO No.
Sec.
4975 24 of 26 Raised Bill No.
7271 Sec.
(NEW) (Effective October 1, 2019) Sections 1 to 28, inclusive, of this act do not apply to a receivership for which the receiver was appointed before October 1, 2018.
(NEW) (Effective October 1, 2019) Sections 1 to 28, inclusive, of this act do not apply to a receivership for which the receiver was appointed before October 1, 2019.
21 October 1, 2019 New section Sec.
21 October 1, 2019 New section LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07271- 25 of 26 R01-HB.docx } Substitute Bill No.
7271 Sec.
27 October 1, 2019 New section Sec.
27 October 1, 2019 New section October 1, 2019 Sec.
28 October 1, 2019 New section Statement of Purpose:
28 New section Statement of Legislative Commissioners:
To adopt the Uniform Real Estate Receivership Act.
In Section 28, the reference to "October 1, 2018" was changed to "October 1, 2019" for accuracy.
LCO No.
JUD Joint Favorable Subst.
4975 25 of 26 Raised Bill No.
-LCO LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07271- 26 of 26 R01-HB.docx }
7271 [Proposed deletions are enclosed in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
4975 26 of 26
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Action History

  1. SENATE CALENDAR NUMBER 418

  2. FAV. RPT., TAB. FOR CAL., SEN.

  3. HOUSE PASSED

  4. FILE NO. 489

  5. HOUSE CALENDAR NUMBER 316

  6. FAV. RPT., TABLED FOR HOUSE CALENDER

  7. RPTD. OUT OF LCO

  8. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/08/19

  9. FILED WITH LCO

  10. Joint Favorable

  11. PUBLIC HEARING 0306

  12. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 7271?
HB 7271 is sponsored by Steven J. Stafstrom (Democratic) and Bobby G. Gibson (Democratic).
What is the current status of HB 7271?
This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 7271?
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