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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Except as otherwise provided for by this chapter, the court in all cases has exclusive
authority over the receiver, and the exclusive possession and right of control with
respect to all real property and all tangible and intangible personal property with
respect to which the receiver is appointed, wherever located, and the exclusive
jurisdiction to determine all controversies relating to the collection, preservation,
application, and distribution of all the property, and all claims against the receiver
arising out of the exercise of the receiver’s powers or the performance of the
receiver’s duties.

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

No. 59088-3-II

Washington case law on receiverships is limited. Thus, where necessary and appropriate,

we may refer to federal bankruptcy law for guidance. Castle Walls, 545 P.3d at 823 (“Similar to

the appointment of a receiver and the resulting estate, ‘filing for bankruptcy creates an estate which

includes all legal or equitable interests of the debtor in property as of the commencement of the

case.’” (internal quotation marks omitted) (quoting In re Castleman, 75 F.4th 1052, 1056 (9th Cir.

2023), cert. denied, 144 S. Ct. 813 (2024))); see also Fid. Bank, Nat’l Ass’n v. M.M. Grp., Inc., 77

F.3d 880, 882 (6th Cir. 1996) (stating “given that a primary purpose of both receivership and

bankruptcy proceedings is to promote the efficient and orderly administration of estates for the

benefit of creditors, we find it appropriate and helpful to refer to the rules governing appellate

standing in bankruptcy proceedings”); St. John Med. Ctr. v. State v. Dep’t of Soc. & Health Servs.,

110 Wn. App. 51, 60, 38 P.3d 383 (looking to federal bankruptcy law for guidance in an insurance