reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.39 — Actions By Or Against Receiver Or Relating To Receivership Property.

576.39 ACTIONS BY OR AGAINST RECEIVER OR RELATING TO RECEIVERSHIP PROPERTY.
Subdivision 1.
Actions by or against receiver.
The receiver may sue in the receiver's capacity and, subject to other sections of this chapter and all immunities provided at common law, may be sued in that capacity.
Subd. 2.
Venue.
Unless applicable law requires otherwise or the court orders otherwise, an action by or against the receiver or relating to the receivership or receivership property shall be commenced in the court and assigned to the judge before whom the receivership is pending.
Subd. 3.
Joinder.
Subject to section 576.42, a limited or general receiver may be joined or substituted as a party in any action or other proceeding that relates to receivership property that was pending at the time of appointment. Subject to other sections of this chapter, a general receiver may be joined or substituted as a party in any action or other proceeding that was pending at the time of appointment in which the respondent is a party. Pending actions may be transferred to the court upon the receiver's motion for change of venue made in the court in which the action is pending.
Subd. 4.
Effect of judgments.
A judgment entered subsequent to the time of appointment against a receiver or the respondent shall not constitute a lien on receivership property, nor shall any execution issue thereon. Upon submission of a certified copy of the judgment in accordance with section 576.49, the amount of the judgment shall be treated as an allowed claim in a general receivership. A judgment against a limited receiver shall have the same effect as a judgment against the respondent, except that the judgment shall be enforceable against receivership property only to the extent ordered by the court.
History:
2012 c 143 art 1 s 19
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.40 — Turnover Of Property.

576.40 TURNOVER OF PROPERTY.
Subdivision 1.
Demand by receiver.
Except as expressly provided in this section, and unless otherwise ordered by the court, upon demand by a receiver, any person shall turn over any receivership property that is within the possession or control of that person. Unless ordered by the court, a person in possession of receivership property pursuant to a valid lien perfected prior to the time of appointment is not required to turn over receivership property.
Subd. 2.
Motion by receiver.
A receiver may seek to compel turnover of receivership property by motion in the receivership. If there exists a bona fide dispute with respect to the existence or nature of the receiver's or the respondent's interest in the property, turnover shall be sought by means of an action under section 576.39. In the absence of a bona fide dispute with respect to the receiver's or the respondent's right to possession of receivership property, the failure to relinquish possession and control to the receiver may be punishable as contempt of the court.
History:
2012 c 143 art 1 s 20
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.41 — Ancillary Receiverships.

576.41 ANCILLARY RECEIVERSHIPS.
Subdivision 1.
Ancillary receiverships in foreign jurisdictions.
A receiver appointed by a court of this state may, without first seeking approval of the court, apply in any foreign jurisdiction for appointment as receiver with respect to any receivership property which is located within the foreign jurisdiction.
Subd. 2.
Ancillary receiverships in the courts of this state.
(a) A foreign receiver may obtain appointment by a court of this state as a receiver in an ancillary receivership with respect to any property located in or subject to the jurisdiction of the court if (1) the foreign receiver would be eligible to serve as receiver under section 576.26, and (2) the appointment is in furtherance of the foreign receiver's possession, control, or disposition of property subject to the foreign receivership and in accordance with orders of the foreign jurisdiction.
(b) The courts of this state may enter any order necessary to effectuate orders entered by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise, a receiver appointed in an ancillary receivership in this state shall have the powers and duties of a limited receiver as set forth in this chapter and shall otherwise comply with the provisions of this chapter applicable to limited receivers.
History:
2012 c 143 art 1 s 21
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.43 — Utility Service.

576.43 UTILITY SERVICE.
A utility providing service to receivership property that has received written notice from the receiver of the appointment of the receiver may not alter, refuse, or discontinue service to the receivership property without first giving the receiver written notice of any receivership default in compliance with the utility's approved tariffs. After written notice to the utility and a hearing satisfactory to the court, the court may prohibit the alteration, refusal, or discontinuance of utility service if the receiver furnishes adequate assurance of payment for service to be provided after the time of appointment.
History:
2012 c 143 art 1 s 23
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.44 — Receivership Financing.

576.44 RECEIVERSHIP FINANCING.
(a) Without necessity of a court order, the receiver may obtain unsecured credit and incur unsecured debt on behalf of the receivership, and the amounts shall be allowable as expenses of the receivership under section 576.51, subdivision 1, clause (2).
(b) Without necessity of a court order, the receiver may obtain secured financing on behalf of the receivership from any secured party under a financing facility existing at the time of the appointment.
(c) The court may authorize the receiver to obtain credit or incur indebtedness, and the court may authorize the receiver to mortgage, pledge, hypothecate, or otherwise encumber receivership property as security for repayment of any indebtedness.
History:
2012 c 143 art 1 s 24
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.45 — Executory Contracts.

576.45 EXECUTORY CONTRACTS.
Subdivision 1.
Performance by receiver.
Unless a court orders otherwise, a receiver succeeds to all of the rights and duties of the respondent under any executory contract. The court may condition the continued performance by the receiver on terms that are appropriate under the circumstances. Performance of an executory contract shall create a claim against the receivership to the extent of the value of the performance received by the receivership after the time of appointment. The claim shall not constitute a personal obligation of the receiver.
Subd. 2.
Assignment and delegation by receiver.
For good cause, the court may authorize a receiver to assign and delegate an executory contract to a third party under the same circumstances and under the same conditions as the respondent was permitted to do so pursuant to the terms of the executory contract and applicable law immediately before the time of appointment.
Subd. 3.
Termination by receiver.
For good cause, the court may authorize the receiver to terminate an executory contract. The receiver's right to possess or use property or receive services pursuant to the executory contract shall terminate at the termination of the executory contract. Except as to the claim against the receivership under subdivision 1, if a termination of an executory contract constitutes a breach of the executory contract, the termination shall create a claim equal to the damages, if any, for breach of the contract as if the breach of contract had occurred immediately before the time of appointment. Any claim arising under this section for termination of an executory contract shall be presented or filed in the same manner as other claims in the receivership no later than the later of: (1) the time set for filing of claims in the receivership; or (2) 28 days after the notice by the receiver of the termination of the executory contract.
History:
2012 c 143 art 1 s 25; 2016 c 135 art 3 s 5
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.47 — Abandonment Of Property.

576.47 ABANDONMENT OF PROPERTY.
The court may authorize the receiver to abandon to the respondent any receivership property that is burdensome or is not of material value to the receivership.
History:
2012 c 143 art 1 s 27; 2016 c 135 art 3 s 6
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.48 — Liens Against After-acquired Property.

576.48 LIENS AGAINST AFTER-ACQUIRED PROPERTY.
Except as otherwise provided for by statute, property that becomes receivership property after the time of appointment is subject to a lien to the same extent as it would have been in the absence of the receivership.
History:
2012 c 143 art 1 s 28
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.49 — Claims Process.

576.49 CLAIMS PROCESS.
Subdivision 1.
Recommendation of receiver.
In a general receivership, and in a limited receivership if the circumstances require, the receiver shall submit to the court a recommendation concerning a claims process appropriate to the particular receivership.
Subd. 2.
Order establishing process.
In a general receivership and, if the court orders, in a limited receivership, the court shall establish the claims process to be followed in the receivership addressing whether proofs of claim must be submitted, the form of any proofs of claim, the place where the proofs of claim must be submitted, the deadline or deadlines for submitting the proofs of claim, and other matters bearing on the claims process.
Subd. 3.
Alternative procedures.
The court may authorize proofs of claim to be filed with the receiver rather than the court. The court may authorize the receiver to treat claims as allowed claims based on the amounts established in the books and records of the respondent or the schedule of claims filed pursuant to section 576.33, without necessity of formal proofs of claim.
History:
2012 c 143 art 1 s 29
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.50 — Objection To And Allowance Of Claims.

576.50 OBJECTION TO AND ALLOWANCE OF CLAIMS.
Subdivision 1.
Objections and allowance.
The receiver or any party in interest may file a motion objecting to a claim and stating the grounds for the objection. The court may order that a copy of the objection be served on the persons on the master service list at least 30 days prior to the hearing. Claims allowed by court order, and claims properly submitted and not disallowed by the court shall be allowed claims and shall be entitled to share in distributions of receivership property in accordance with the priorities provided by this chapter or otherwise by law.
Subd. 2.
Examination of claims.
If the claims process does not require proofs of claim to be filed with the court, at any time after expiration of the claim-filing period and upon 14 days' written notice to the receiver, any party in interest shall have the right to examine:
(1) all claims filed with the receiver; and
(2) all books and records in the receiver's possession that provided the receiver the basis for concluding that creditors identified therein are entitled to participate in any distributions of receivership property without having to file claims.
Subd. 3.
Estimation of claims.
For the purpose of allowance of claims, the court may estimate:
(1) any contingent or unliquidated claim, the fixing or liquidation of which would unduly delay the administration of the receivership; or
(2) any right to payment arising from a right to an equitable remedy.
History:
2012 c 143 art 1 s 30
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.51 — Priority Of Claims.

576.51 PRIORITY OF CLAIMS.
Subdivision 1.
Priorities.
Allowed claims shall receive distribution under this chapter in the following order of priority and, except as set forth in clause (1), on a pro rata basis:
(1) claims secured by liens on receivership property, which liens are valid and perfected before the time of appointment, to the extent of the proceeds from the disposition of the collateral in accordance with their respective priorities under otherwise applicable law, subject first to reimbursing the receiver for the reasonable and necessary expenses of preserving, protecting, or disposing of the collateral, including allowed fees and reimbursement of reasonable expenses of the receiver and professionals;
(2) actual, necessary costs and expenses incurred during the receivership, other than those expenses allowable under clause (1), including allowed fees and reimbursement of reasonable expenses of the receiver and professionals employed by the receiver under section 576.32;
(3) claims for wages, salaries, or commissions, including vacation, severance, and sick leave pay, or contributions to an employee benefit plan, earned by the claimant within the 90 days before the time of appointment or the cessation of the respondent's business, whichever occurs first, but only to the extent of the dollar amount in effect in United States Code, title 11, section 507(4);
(4) allowed unsecured claims, to the extent of the dollar amount in effect in United States Code, title 11, section 507(7), for each individual, arising from the deposit with the respondent, before the time of appointment of the receiver, of money in connection with the purchase, lease, or rental of property or the purchase of services for personal, family, or household use by individuals that were not delivered or provided;
(5) claims for arrears in amounts owing pursuant to a support order as defined in section 518A.26, subdivision 3;
(6) unsecured claims of governmental units for taxes that accrued before the time of appointment of the receiver;
(7) all other unsecured claims due as of the time of appointment, including the balance due the holders of secured claims to the extent not satisfied under clause (1); and
(8) interest pursuant to section 576.52.
Subd. 2.
Payments to respondent.
If all of the amounts payable under subdivision 1 have been paid in full, any remaining receivership property shall be returned to the respondent.
History:
2012 c 143 art 1 s 31
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.52 — Interest On Unsecured Claims.

576.52 INTEREST ON UNSECURED CLAIMS.
To the extent that funds are available to pay holders of allowed unsecured claims in full or the amounts due as of the time of appointment, each holder shall also be entitled to receive interest, calculated from the time of appointment, at the rate set forth in the agreement evidencing the claim, or if no rate is provided, at the judgment rate that would be payable as of the time of appointment; provided however, that no holder shall be entitled to interest on that portion, if any, of its unsecured claim that is itself interest calculated from the time of appointment. If there are not sufficient funds in the receivership to pay in full the interest owed to all the holders, then the interest shall be paid pro rata.
History:
2012 c 143 art 1 s 32
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 576 — Receivership › Section 576.53 — Distributions.

576.53 DISTRIBUTIONS.
Subdivision 1.
Proposed distributions.
Before any interim or final distribution is made, the receiver shall file a distribution schedule listing the proposed distributions. The distribution schedule may be filed at any time during the case or may be included in the final report.
Subd. 2.
Notice.
The receiver shall give notice of the filing of the distribution schedule to all persons on the master mailing list or that have filed proofs of claim. If there is no objection within 21 days after the notice, the court may enter an order authorizing the receiver to make the distributions described in the distribution schedule without the necessity of a hearing.
Subd. 3.
Other distributions.
In the order appointing the receiver or in subsequent orders, the court may authorize distribution of receivership property to persons with ownership interests or liens.
History:
2012 c 143 art 1 s 33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.07 — Fraudulent Conveyances.

577.07 FRAUDULENT CONVEYANCES.
In all cases of general assignments for the benefit of creditors, the assignee shall represent the creditors of the assignor as against all transfers and conveyances of the assignor's property which were fraudulent as to them, and shall have all the rights of such creditors in their avoidance.
History:
(9788) RL s 4617; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.11 — Definitions.

577.11 DEFINITIONS.
(a) The definitions in this section and in section 576.21 apply throughout this chapter unless the context requires otherwise.
(b) "Assignee" means the person to whom the assignment property is assigned.
(c) "Assignment property" means the property assigned pursuant to the provisions of this chapter.
(d) "Assignor" means the person who assigns the assignment property.
(e) "Time of assignment" means the date and time endorsed by the court administrator pursuant to section 577.14.
History:
2012 c 143 art 2 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.12 — Requisites.

577.12 REQUISITES.
A person may execute a written assignment of property to one or more assignees for the benefit of creditors in conformity with the provisions of this chapter. Every assignment for the benefit of creditors subject to this chapter made by an assignor of the whole or any part of the assignor's property, real or personal, for the benefit of creditors, shall be: (1) to a person eligible to be a receiver under section 576.26, in writing, subscribed and acknowledged by the assignor, and (2) filed by the assignor or the assignee with the court administrator of the district court of the county in which the assignor, or one of the assignors if there is more than one, resides, or in which the principal place of business of an assignor engaged in business is located. The district court shall have supervision over the assignment property and of all proceedings under this chapter. The assignee shall be deemed to have submitted to the jurisdiction of the district court.
History:
2012 c 143 art 2 s 2; 2016 c 135 art 3 s 7
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.14 — Duty Of Court Administrator.

577.14 DUTY OF COURT ADMINISTRATOR.
The court administrator shall endorse the day, hour, and minute of the filing of the assignment. The assignment shall be entered in the court administrator's register, and all papers filed and orders made in the matter of the assignment shall be noted therein as in the case of a civil action.
History:
2012 c 143 art 2 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.15 — Assignee As Lien Creditor; Real Property Recording.

577.15 ASSIGNEE AS LIEN CREDITOR; REAL PROPERTY RECORDING.
Subdivision 1.
Assignee as lien creditor.
As of the filing of the assignment, the assignee shall have the powers and priority of a creditor that obtained a judicial lien at the time of assignment pursuant to sections 548.09 and 550.10 on all of the assignment property subject to satisfying the recording requirements as to real property described in subdivision 2.
Subd. 2.
Real property recording.
If any interest in real property is included in the assignment property, the assignment shall be effective as a deed. A notice of lis pendens shall be recorded as soon as practicable with the county recorder or registrar of titles, as appropriate, of the county in which the real property is located. The priority of the assignee as lien creditor against real property shall be from the time of recording of the notice of lis pendens, except as to persons with actual or implied knowledge of the assignment under section 507.34. A short form of the assignment acknowledged by the assignor and assignee and a deed executed by the assignee shall be recorded with the county recorder or registrar of titles, as appropriate, of the county in which the real property is located, and upon execution of the deed by the assignee shall be prima facie evidence of the authority of the assignee to convey the real property described in the assignment. The short form of the assignment shall contain the following information:
(1) the identity of the assignor and assignee;
(2) the legal description of the real property;
(3) the date of the assignment; and
(4) a statement that the assignor has made an assignment under this chapter, and that the assignment has been accepted by the assignee.
History:
2012 c 143 art 2 s 5; 2016 c 135 art 3 s 8
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.16 — Notice.

577.16 NOTICE.
The assignee shall give notice of the assignment to all creditors and other parties in interest actually known to the assignee by mail or other means of transmission within 21 days after the time of assignment. The notice of the assignment shall include the time of assignment and the names and addresses of the assignor, the assignee, and the assignee's attorney, if any.
History:
2012 c 143 art 2 s 6
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.17 — Removal Of Assignee.

577.17 REMOVAL OF ASSIGNEE.
The court may remove the assignee and appoint another assignee by application of the standards and procedures under section 576.37. The order of removal and appointment shall transfer all of the assignment property to the new assignee, and with respect to real property may be recorded in the same manner as the initial assignment.
History:
2012 c 143 art 2 s 7
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 577 — Assignments For Benefit Of Creditors › Section 577.18 — Application Of Chapter Governing Receiverships.

577.18 APPLICATION OF CHAPTER GOVERNING RECEIVERSHIPS.
Except as otherwise provided in this chapter, an assignee shall be treated as a general receiver, the assignment property shall be treated as receivership property, and all proceedings following the filing of the assignment shall be governed by sections 576.21 to 576.53.
History:
2012 c 143 art 2 s 8
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.01 — Definitions.

578.01 DEFINITIONS.
Subdivision 1.
Generally.
For the purpose of sections 578.01, 578.02, 578.08, 578.10, and 578.15 to 578.21, the terms defined in this section have the meanings given them.
Subd. 2.
Court.
"Court" means the court having probate jurisdiction for the county where an absentee last resided.
Subd. 3.
Person.
"Person in interest" means the absentee, heirs, any person who would have an interest in the absentee's estate had the absentee died intestate at any time between the commencement of the absence and the date set for any proceeding prescribed by section 578.17, any person who would have an interest under the absentee's will or purported will, an insurer or surety of the absentee, an owner of any reversionary, remainder, joint or contractual interest which might be affected by the death of the absentee, creditor of the absentee, and any other person whom the court finds is properly in interest.
History:
1974 c 447 s 6; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1; 2011 c 76 art 1 s 63; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.02 — Absentees; Possession, Management, And Disposition Of Property.

578.02 ABSENTEES; POSSESSION, MANAGEMENT, AND DISPOSITION OF PROPERTY.
If a person entitled to or having an interest in property within or without the jurisdiction of the state has disappeared or absconded from the place within or without the state where last known to be, and has no agent in the state, and it is not known where the person is, or if such person, having a spouse or minor child or children dependent to any extent upon the person for support, has thus disappeared, or absconded without making sufficient provision for such support, and it is not known where the person is, or, if it is known that the person is without the state, any one who would under the law of the state be entitled to administer upon the estate of such absentee if deceased, or if no one is known to be so entitled, some person deemed suitable by the court, or such spouse, or some one in such spouse's or minors' behalf, may file a petition, under oath, in the court for the county where any such property is situated or found, stating the name, age, occupation, and last known residence or address of such absentee, the date and circumstances of the disappearance or absconding, and the names and residences of other persons, whether members of such absentee's family or otherwise, of whom inquiry may be made, whether or not such absentee is a citizen of the United States, and if not, of what country the absentee is a citizen or native, and containing a schedule of the property, real and personal, so far as known, and its location within or without the state, and a schedule of contractual or property rights contingent upon the absentee's death, and praying that real and personal property may be taken possession of and a receiver thereof appointed under chapter 576. No proceedings shall be commenced under the provisions of this chapter, except upon good cause shown until at least three months after the date on which it is alleged in such petition that such person so disappeared or absconded.
History:
(8080-1) 1925 c 262 s 1; 1937 c 27 s 1; 1947 c 165 s 1; 1974 c 447 s 7; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1; 2012 c 143 art 3 s 28,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.03 — Warrant; Sheriff To Take Possession Of Property; Fees And Costs.

578.03 WARRANT; SHERIFF TO TAKE POSSESSION OF PROPERTY; FEES AND COSTS.
The court may thereupon issue a warrant directed to the sheriff or a deputy, which may run throughout the state, commanding the officer to take possession of the property named in the schedule and hold it subject to the order of the court and make return of the warrant as soon as may be, with the officer's doings thereon and with a schedule of the property so taken. The officer shall post a copy of the warrant upon each parcel of land named in the schedule and cause so much of the warrant as relates to land to be recorded in the office of the county recorder for the county where the land is located. The officer shall receive such fees for serving the warrant as the court allows, but not more than those established by law for similar service upon a writ of attachment. If the petition is dismissed, the fees and the cost of publishing and serving the notice hereinafter provided shall be paid by the petitioner; if a receiver is appointed, they shall be paid by the receiver and allowed in the receiver's account.
History:
(8080-2) 1925 c 262 s 2; 1976 c 181 s 2; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.04 — Notice Of Seizure; Appointment Of Receiver; Disposition Of Property.

578.04 NOTICE OF SEIZURE; APPOINTMENT OF RECEIVER; DISPOSITION OF PROPERTY.
Upon the return of such warrant, the court may issue a notice reciting the substance of the petition, warrant, and officer's return, which shall be addressed to such absentee and to all persons who claim an interest in such property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the officer's schedule should not be appointed and the property held and disposed of under this chapter.
History:
(8080-3) 1925 c 262 s 3; 2012 c 143 art 3 s 29,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.05 — Publication Of Notice.

578.05 PUBLICATION OF NOTICE.
The return day of the notice shall be not less than 30, nor more than 60, days after its date. The court shall order the notice to be published once in each of three successive weeks in one or more newspapers within the state, and to be posted in two or more conspicuous places in the county within the state where the absentee last resided or was known to have been either temporarily or permanently, and upon each parcel of land named in the officer's schedule, and a copy to be mailed to the last known address of such absentee. In all cases where the absentee is not a citizen of the United States, a copy of the notice shall be ordered by the court to be served within such time, by mail, on the consular representative of the foreign country of which the absentee is a citizen, if there be one in this state, otherwise on the secretary of state, who shall forward the same to the chief diplomatic representatives of such country at Washington. The court may order other and further notice to be given within or without the state.
History:
(8080-4) 1925 c 262 s 4; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.06 — Hearing By Court; Dismissal Of Proceeding; Appointment And Bond Of Receiver.

578.06 HEARING BY COURT; DISMISSAL OF PROCEEDING; APPOINTMENT AND BOND OF RECEIVER.
The absentee, or any person who claims an interest in any of the property, may appear and show cause why the prayer of the petition should not be granted. The court may, after hearing, dismiss the petition and order the property in possession of the officer to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the officer and named in the schedule. If a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee; and the receiver shall give a bond pursuant to section 576.27. In the appointment of the receiver the court shall give preference to the spouse of the absentee, if the spouse is eligible to serve as receiver under section 576.26.
History:
(8080-5) 1925 c 262 s 5; 1981 c 31 s 18; 1986 c 444; 2012 c 143 art 3 s 30,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.07 — Transfer Of Property To Receiver.

578.07 TRANSFER OF PROPERTY TO RECEIVER.
After the receiver gives its bond the court may order the sheriff or a deputy to transfer and deliver to such receiver the possession of the property under the warrant, and the receiver shall file in the office of the court administrator a schedule of the property received.
History:
(8080-6) 1925 c 262 s 6; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2012 c 143 art 3 s 31,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.08 — Additional Property; Receiver To Take Possession.

578.08 ADDITIONAL PROPERTY; RECEIVER TO TAKE POSSESSION.
The receiver, after filing a petition, may be authorized and directed to take possession of any additional property, including a business concern, within or without the state which belongs to such absentee and to demand and collect all debts due the absentee from any person within or without the state and hold the same as if it had been transferred and delivered to the receiver by the officer. The receiver, after filing a petition, may also be authorized and directed to exercise any rights under a life insurance policy or an annuity contract which the absentee could have exercised, including, but not limited to, the right to borrow against it, surrender it for its cash surrender value, or continue it in force by payment of premiums.
History:
(8080-7) 1925 c 262 s 7; 1947 c 165 s 2; 1974 c 447 s 8; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.09 — Where No Corporeal Property; Receiver; Bond.

578.09 WHERE NO CORPOREAL PROPERTY; RECEIVER; BOND.
If the absentee has left no corporeal property within or without the state, but there are debts and obligations due or owing to the absentee from persons within or without the state, a petition may be filed, as provided in section 578.02, stating the nature and amount of such debts and obligations, so far as known, and praying that a receiver thereof may be appointed. The court may thereupon issue a notice, as above provided, without issuing a warrant, and may, upon the return of the notice and after a hearing, dismiss the petition or appoint a receiver and authorize and direct the receiver to demand and collect the debts and obligations specified in the petition. The receiver shall give bond, as provided in section 576.27, and hold the proceeds of such debts and obligations and all property received, and distribute the same as provided in chapter 576. The receiver may be further authorized and directed as provided in section 578.08.
History:
(8080-8) 1925 c 262 s 8; 1947 c 165 s 3; 1986 c 444; 2012 c 143 art 3 s 32,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.10 — Care Of Property; Lease; Sale; Control Of Business.

578.10 CARE OF PROPERTY; LEASE; SALE; CONTROL OF BUSINESS.
Subdivision 1.
Order for care of property.
The court may make orders for the care, custody, leasing, and investing of all property and its proceeds in the possession of the receiver. If any of the property consists of assets subject to likely rapid decline in value or live animals or is perishable or cannot be kept without a great or disproportionate expense, the court may, after the return of the warrant, order such property to be sold at public or private sale. After the appointment of a receiver, upon the receiver's petition and after notice, the court may order all or part of the property, including the rights of the absentee in land, to be sold at public or private sale to supply money for payments authorized by sections 578.02 to 578.21, to preserve value, or for reinvestment approved by the court.
Subd. 2.
Absentee business.
The court may make orders for the management of an absentee's business in possession of the receiver. The court may authorize the receiver or person designated by the receiver to operate the business in conformance with sound business practice. Upon the receiver's petition and after notice, the court may authorize the sale of the business to supply money for payments authorized by sections 578.02 to 578.21, to preserve value, or for reinvestment approved by the court.
History:
(8080-9) 1925 c 262 s 9; 1974 c 447 s 9; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.11 — Advance Life Insurance Payments To Absentee's Beneficiary.

578.11 ADVANCE LIFE INSURANCE PAYMENTS TO ABSENTEE'S BENEFICIARY.
If the beneficiary under an insurance policy on the life of an absentee is the absentee's spouse, child, or other person dependent upon the absentee for support and advance payments under the policy are necessary to support and maintain the beneficiary, the beneficiary shall be entitled to advance payments as the court determines under section 578.12. "Beneficiary" under this section includes an heir at law of the person whose life is insured if the policy is payable to the insured's estate.
History:
1979 c 54 s 1; 1986 c 444; 2012 c 143 art 3 s 33,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.12 — Hearing By Court; Determination Of Right To Advance Life Insurance Payments.

578.12 HEARING BY COURT; DETERMINATION OF RIGHT TO ADVANCE LIFE INSURANCE PAYMENTS.
Subdivision 1.
Petition for hearing.
A petition may be filed requesting a hearing to determine entitlement to advance payment under an insurance policy on the life of an absentee. The petition shall contain the beneficiary's name, address, relationship to absentee, and the grounds justifying advance payment.
Subd. 2.
Notification of hearing.
Upon the filing of the petition, the court by certified mail shall notify the insurer who issued the policy of the date, time and place of the hearing. The insurer may appear at the hearing as a party in interest.
Subd. 3.
Evidentiary burden.
The petitioner has the burden to show by a fair preponderance of the evidence that:
(1) the absentee is missing, and there is reason to believe, dead;
(2) the beneficiary is a spouse, child, or other person dependent upon the absentee for support and maintenance; and
(3) the beneficiary has no source of income sufficient for support and maintenance at an adequate level.
Subd. 4.
Advance payments.
The court shall order periodic advance payments in appropriate amounts taking into consideration the needs of the beneficiary, the likelihood of the absentee's death, the amount payable under the policy, the possibility of the beneficiary providing the insurer with security for any reimbursement that may be required under section 578.13, subdivision 2, and any other relevant factors.
Payment made by the insurer under a court order shall discharge it from any liability to any party for the amounts paid.
History:
1979 c 54 s 2; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.13 — Reappearance Of Absentee.

578.13 REAPPEARANCE OF ABSENTEE.
Subdivision 1.
Insurance payments; reduction.
If an absentee is declared dead after advance insurance payments have been made pursuant to section 578.12, the amount payable under the policy shall be reduced by the total amount of payments made under section 578.12.
Subd. 2.
Reimbursement of insurer.
If an absentee is found to be living after advance insurance payments have been made to a beneficiary pursuant to section 578.12, the absentee and beneficiary shall reimburse the insurer the amount of the payments made.
If the insurer is unable to obtain full reimbursement, the amount payable under the policy shall be reduced to the extent necessary to allow full reimbursement. Failure of the absentee and beneficiary to reimburse the insurer upon demand for payment sent by the insurer by certified mail to the last known address of the absentee and beneficiary shall be sufficient to show the insurer's inability to obtain reimbursement.
History:
1979 c 54 s 3; 2012 c 143 art 3 s 34,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.14 — Use Of Proceeds.

578.14 USE OF PROCEEDS.
The court may order the property or its proceeds acquired by mortgages, lease, or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee's spouse and minor child or children, and to the discharge of such debts and claims for maintenance, as defined in section 518.003, subdivision 3a, as may be proved against the absentee.
History:
(8080-10) 1925 c 262 s 10; 1937 c 27 s 2; 1978 c 772 s 62; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.15 — Claims; Adjustment By Receiver.

578.15 CLAIMS; ADJUSTMENT BY RECEIVER.
The court may authorize the receiver to adjust by arbitration or compromise any demand in favor of or against the estate of the absentee. The court may authorize the receiver to pay all taxes for which the absentee is liable and all taxes assessed on the absentee's property.
History:
(8080-11) 1925 c 262 s 11; 1974 c 447 s 10; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.16 — Presumption Of Death From Absence.

578.16 PRESUMPTION OF DEATH FROM ABSENCE.
An absentee who is missing for a continuous period of four years, during which, after diligent search, the absentee has not been seen or heard of or from, and whose absence is not satisfactorily explained, shall be presumed, in any action or proceeding involving the property of the person, contractual or property rights contingent upon the absentee's death or the administration of the absentee's estate, to have died four years after the date the unexplained absence commenced. If the person was exposed to a specific peril of death, that fact may be a sufficient basis for determining that the absentee died less than four years after the date the absence commenced.
History:
1974 c 447 s 11; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.17 — Hearing By Court; Determination Of Death Of An Absentee.

578.17 HEARING BY COURT; DETERMINATION OF DEATH OF AN ABSENTEE.
Subdivision 1.
Request hearing.
A person in interest may request a hearing in the following circumstances:
(1) if an absentee is absent from the domicile without being in communication after being exposed to a specific peril and a diligent search has been made; or
(2) if an absentee has been absent from the domicile for a period of four consecutive years or more without being in communication and a diligent search has been made; or
(3) if unforeseeable or changing circumstances necessitate court authorization for action in respect to the management or disposition of the absentee's business or property.
Subd. 2.
Petition.
The person requesting the hearing shall file a petition stating name, address, relationship to the absentee, and the specific grounds for the hearing requested.
Subd. 3.
Notification.
Upon the filing of the petition, the court shall notify all proper persons in interest of the date, time and place of the hearing.
Subd. 4.
Service of notice.
The notice shall in all cases be served as follows:
(1) by publication in the county in which the petition is filed once in each of three successive weeks, in a newspaper designated by the court; and
(2) upon all persons in interest by ordinary mail.
Subd. 5.
Order; death of absentee.
The court, if satisfied by the evidence adduced at a hearing in support of a petition alleging the absentee is missing after being exposed to a specific peril or that an absentee has been absent for four or more consecutive years, shall enter an order establishing as a matter of law the death of the absentee and the date thereof. The court shall order the distribution of the absentee's property to the persons and in the manner prescribed in chapters 524 and 525.
Subd. 6.
Hearing.
Upon a hearing brought pursuant to subdivision 1, clause (3), the court shall have full power to make orders appropriate to conserve the absentee's property or business or to protect the rights of the persons in interest.
History:
1974 c 447 s 12; 1975 c 347 s 142; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.18 — Degree Of Burden Of Proof.

578.18 DEGREE OF BURDEN OF PROOF.
The burden of proof is on the party bringing the action to declare the absentee dead. If there is a showing that the absentee was exposed to a specific peril at the time of disappearance the burden of proof shall be by a fair preponderance of the evidence. If the absentee was in no unusual danger or peril at the time of disappearance, the burden of proof shall be by clear and convincing evidence.
History:
1974 c 447 s 13; 1986 c 444; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.19 — Dissolution Of Marriage.

578.19 DISSOLUTION OF MARRIAGE.
If the court finds the absentee dead in accordance with section 578.17, the absentee's marriage is dissolved. The court shall enter the conclusion of law dissolving the marriage on the order which establishes the death of the absentee as a matter of law.
History:
1974 c 447 s 14; 1986 c 444; 2012 c 143 art 3 s 35,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.20 — Compensation Of Receiver; Title Of Absentee Lost After Four Years.

578.20 COMPENSATION OF RECEIVER; TITLE OF ABSENTEE LOST AFTER FOUR YEARS.
The receiver shall be allowed compensation and disbursements as provided in this chapter. If, within four years after the date of the disappearance or absconding, as found and recorded by the court, the absentee appears, and has not been declared dead under section 578.17, or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of the absentee is appointed, the receiver shall account for, deliver, and pay over to the absentee the remainder of the property. If the absentee does not appear and claim the property within four years, all the absentee's right, title, and interest in the property, real or personal, or the proceeds thereof, shall cease, and no action shall be brought by the absentee on account thereof.
If the absentee is declared dead pursuant to section 578.17 and appears before the expiration of four years, the absentee shall have no right, title and interest in the property, real or personal, or the proceeds thereof.
History:
(8080-12) 1925 c 262 s 12; 1974 c 447 s 15; 1986 c 444; 2012 c 143 art 3 s 36,38