Minn. Stat. » CHAPTER 513. AGREEMENTS RELATING TO PROPERTY
Minnesota Statutes

Minn. Stat. § 513.23 (2026)

[Repealed]

✓ current as of May 2026
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MS 1986 [Repealed, 1987 c 19 s 12]

Notes of Decisions
Cited in 20 cases, 1955–1999 · leading case: Bergquist v. Theisen (In Re Theisen), 45 B.R. 122 (Bankr. D. Minn. 1984).
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Bergquist v. Theisen (In Re Theisen), 45 B.R. 122 (Bankr. D. Minn. 1984). · cites it 8× “Specifically, the applicable laws relied upon by the trustee are Minn.Stat. §§ 513.23 and 513.26. The trustee does not allege the existence of a creditor holding an unsecured claim who could avoid the transfer but for the purposes of this order, I will assume that at least one…”
Kessel v. Kessel, 370 N.W.2d 889 (Minn. Ct. App. 1985). · cites it 12× “brought this action against appellants alleging appellant Bernard Kessel fraudulently conveyed certain property under Minn.Stat. § 513.23 (1982). The trial court granted respondents’ motion for summary judgment.”
In Re Tveten, 402 N.W.2d 551 (Minn. 1987). · cites it 2× “The UFCA defines fraud implied by law in Minn.Stat. § 513.23. That statute provides “[e]very conveyance made and every obligation incurred by a person who is or *556 will be thereby rendered insolvent is fraudulent as to creditors without regard to the person’s actual intent if…”
Texas Com. Bank v. Olson, 416 N.W.2d 456 (Minn. Ct. App. 1987). · cites it 8× “2d at 628 (burden of proof remains with creditor to show essential elements of a claim under Minn.Stat. § 513.23 [(I960)]). On the basis of the analysis above and the facts here, we conclude the trial court erred in giving the instruction on the presumption.”
United States v. Laverne Scherping Loren Scherping Jane Scherping Epsilon Co. C.J.S. Ranch, 187 F.3d 796 (8th Cir. 1999). · cites it 2× “The government argues that it did not seek to prove that the transfers were fraudulent conveyances under the section that required proof of insolvency, Minn.Stat. § 513.23; rather, the government (and the district court) relied on two sections, § 513.”
State, Dep't of Pub. Welfare v. Thibert, 279 N.W.2d 53 (Minn. 1979). · cites it 5× “26; (b) the conveyance was without fair consideration and rendered Irene insolvent, and the state is a “creditor” as used in § 513.23; or (c) the conveyance was without fair consideration and Irene knew or believed that she would incur debts beyond her ability to pay as they…”
Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minnesota 1988). · cites it 3× “Minn.Stat. § 513.23. Plaintiff Xemas, Inc.”
First Nat'l Bank of Cold Spring v. Jaeger, 408 N.W.2d 667 (Minn. Ct. App. 1987). · cites it 12× “This action was brought under Minn. Stat. § 513.23 to set aside fraudulent trans *668 fers of property from Gerald Jaeger to Sun Down Co.”
N. Nat'l Bank v. N. Minnesota Nat'l Bank, 70 N.W.2d 118 (Minn. 1955). · cites it 3× “02, dealing with the perfection of assignments, has superseded § 513.23; (2) that the lower court’s finding that the partnership was insolvent at the time of the assignment is not supported by the evidence; and (3) that even if the partnership was insolvent the assignments were…”
BBCA, INC. v. United States, 630 F. Supp. 349 (D. Minnesota 1986). · cites it 8× “, Sun Down Company was taxpayer Jaeger’s alter ego; and 2) that the transfer of the subject property *351 was fraudulent within the meaning of Minn.Stat. § 513.23 (1984). The court makes these findings and grants defendant’s motion for summary judgment.”
Iannacone v. Foothill Capital Corp. (In Re Hancock-Nelson Merchantile Co.), 95 B.R. 982 (Bankr. D. Minn. 1989). · cites it 2× “§ 513.23 — .25. Under these counts, Plaintiff claimed that the “transfers were made without fair consideration,” and: I.”
State Bank in Eden Valley v. Euerle Farms, Inc., 441 N.W.2d 121 (Minn. Ct. App. 1989). · cites it 2× “Before the quiet-title action was resolved, the trial court granted the bank and PCA partial summary judgment, ruling that the real estate conveyances were fraudulent under Minn.Stat. § 513.23 (1986) (repealed by 1987 Minn.”
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