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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appointment applies.” RCW 7.60.005(3). Receivership property “includes all right, title, and

interests, both legal and equitable, and including any community property interest, in or with

respect to any property of a person with respect to which a receiver is appointed, regardless of the

manner by which the property has been or is acquired.” RCW 7.60.005(9). Property may also be

“any proceeds, products, offspring, rents, or profits of or from property in the estate.” RCW

7.60.005(9).

A general receiver has the power to assume or reject any executory contract of the person

over whose property the receiver is appointed. RCW 7.60.130(1). An “executory contract” is

a contract where the obligation of both the person over whose property the receiver
is appointed and the other party to the contract are so far unperformed that the
failure of either party to the contract to complete performance would constitute a
material breach of the contract, thereby excusing the other party’s performance of
the contract.

RCW 7.60.005(4). Regarding executory contracts, RCW 7.60.130 further provides: