Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2059088-3-II%20Published%20Opinion.pdf ↗

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Any obligation or liability incurred by a general receiver on account of the
receiver’s assumption of an executory contract . . . shall be treated as an expense of
the receivership. A general receiver’s rejection of an executory contract . . . shall
be treated as a breach of the contract . . . occurring immediately prior to the
receiver’s appointment; and the receiver’s right to possess or use property pursuant
to any executory contract . . . shall terminate upon rejection of the contract . . . .
The other party to an executory contract . . . that is rejected by a general receiver
may take such steps as may be necessary under applicable law to terminate or cancel
the contract . . . . The claim of a party to an executory contract . . . resulting from

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A person includes “an individual, corporation, limited liability company, general partnership,
limited partnership, limited liability partnership, association, governmental entity, or other entity,
of any kind or nature.” RCW 7.60.005(8).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 59088-3-II

a general receiver’s rejection of it shall be served upon the receiver in the manner
provided for by RCW 7.60.210 within thirty days following the rejection.

RCW 7.60.130(2).

All claims against a receivership that arise prior to the receiver’s appointment, “other than

claims of creditors with security interests in or other liens against property of the estate,” must be

served in accordance with RCW 7.60.210, otherwise the claim will be barred. RCW 7.60.210(1).

Claims must be written in a “‘Proof of Claim’” form and set forth the nature and amount of the

claim. RCW 7.60.210(3). Claims, “executed and served in accordance with this section,