RSA 151-H:5 Leases, Mortgages or Secured Transactions.

Title: XI - HOSPITALS AND SANITARIA Chapter: 151-H - RECEIVERSHIP OF NURSING HOMES AND OTHER RESIDENTIAL CARE FACILITIES

I. During the period of receivership, a receiver shall honor any lease, mortgage, or agreement granting security interests entered into by the licensee, owner or owners, or administrator, unless the court:
(a) Makes a determination in writing, upon the filing of a motion by the receiver to avoid any such lease, mortgage or security agreement and a hearing at which interested persons are allowed to participate, that based on clear and convincing evidence presented by the receiver that the lessor, lender, or secured party entered into such agreement with the licensee, the owner or owners, or the administrator for a fraudulent purpose or to hinder or delay creditors or the agreement is unrelated to the operation of the facility; and
(b) Orders the receiver to avoid such agr

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