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

Minn. Stat. § 513.28 (2026)

[Repealed]

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MS 1986 [Repealed, 1987 c 19 s 12]

Notes of Decisions
Cited in 12 cases, 1953–1998 · 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 10× “When a fraudulent conveyance is identified, the remedy is set out in Minn.Stat. § 513.28, which reads: (1) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair…”
Palatine Nat'l Bank of Palatine v. Strom (In Re Strom), 97 B.R. 532 (Bankr. D. Minn. 1989). · cites it 9× “Minn.Stat. § 513.28, repealed by Uniform Fraudulent Transfer Act, 1987 Minn.”
Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minnesota 1988). · cites it 6× “, *923 as alter ego of the Spaeths and James and Joan Noske, was not a “purchaser for fair consideration without knowledge of the fraud at the time of the purchase” within the meaning of Minnesota Stat. § 513.”
Girard v. Michener (In Re Michener), 217 B.R. 263 (Bankr. D. Minn. 1998). · cites it 7× “Minn.Stat. § 513.28 (1921). In 1987, Minnesota enacted the Uniform Fraudulent Transfer Act, Minn.”
Halverson v. Schuster (In Re Schuster), 132 B.R. 604 (Bankr. D. Minn. 1991). · cites it 2× “After Debtor’s bankruptcy filing, the Trustee commenced an adversary proceeding against Betty Schuster, ADV 3-88-97, in which he sought to avoid this stock transfer as a fraudulent conveyance pursuant to former Minn.Stat. § 513.28, and to preserve that transfer for the benefit…”
Chrysler Credit Corp. v. Peterson, 342 N.W.2d 170 (Minn. Ct. App. 1984). · cites it 5× “In determining the rights of a judgment creditor who alleges that its debtor fraudulently conveyed property, the charge order provisions must be read in conjunction with the provisions of Minn. Stat. § 513.28 (1982), part of the Uniform Fraudulent Conveyances Act.”
Argonaut Ins. Co. v. Cooper, 395 N.W.2d 119 (Minn. Ct. App. 1986). · cites it 2× “Minn.Stat. § 513.28 (1984) empowers a trial court to set aside a conveyance found to be fraudulent under the Act.”
In Re Mathiason, 129 B.R. 173 (Bankr. D. Minn. 1991). · cites it 2× “Minn.Stat. § 513.28 (1921). 4 . In support of its argument, Farm Credit restates Judge Kishel’s observation in overruling an objection to the homestead exemption, claimed in this property by Glen and Patti Mat-hiason, that, until a creditor obtains judicial determination that a…”
First Nat'l Bank of Cold Spring v. Jaeger, 408 N.W.2d 667 (Minn. Ct. App. 1987). · cites it 4× “Minn.Stat. § 513.28(2) (1982). There was no finding by the trial court here specifically addressing the issue of actual fraudulent intent on the part of BBCA.”
Dardanell Co. Trust v. United States, 630 F. Supp. 1157 (D. Minnesota 1986). · cites it 2× “Minn.Stat. § 513.28 (1984) provides: (1) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may .”
Marion v. Miller, 58 N.W.2d 185 (Minn. 1953). “Under our present statute (§ 513.28), it is not necessary that judgment be entered, or a lien acquired on the property, in order to maintain an action to set aside a fraudulent conveyance.”
Longueville v. Olson, 369 N.W.2d 537 (Minn. Ct. App. 1985). · cites it 4× “Olson argues that appointment of a receiver is unnecessary under these facts because Minn.Stat. § 513.28 allows “creditors whose claims have matured” to sue directly to set aside fraudulent conveyances.”
— Minn. Stat. § 513.28(1) — 1 case
Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minnesota 1988). “, *923 as alter ego of the Spaeths and James and Joan Noske, was not a “purchaser for fair consideration without knowledge of the fraud at the time of the purchase” within the meaning of Minnesota Stat. § 513.”
— Minn. Stat. § 513.28(2) — 1 case
First Nat'l Bank of Cold Spring v. Jaeger, 408 N.W.2d 667 (Minn. Ct. App. 1987). “Minn.Stat. § 513.28(2) (1982). There was no finding by the trial court here specifically addressing the issue of actual fraudulent intent on the part of BBCA.”
— Minn. Stat. § 513.28(l)(a) — 2 cases
Bergquist v. Theisen (In Re Theisen), 45 B.R. 122 (Bankr. D. Minn. 1984). “When a fraudulent conveyance is identified, the remedy is set out in Minn.Stat. § 513.28, which reads: (1) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair…”
Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minnesota 1988). “, *923 as alter ego of the Spaeths and James and Joan Noske, was not a “purchaser for fair consideration without knowledge of the fraud at the time of the purchase” within the meaning of Minnesota Stat. § 513.”
— Minn. Stat. § 513.28(l)(b) — 4 cases
Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minnesota 1988). “, *923 as alter ego of the Spaeths and James and Joan Noske, was not a “purchaser for fair consideration without knowledge of the fraud at the time of the purchase” within the meaning of Minnesota Stat. § 513.”
Bergquist v. Theisen (In Re Theisen), 45 B.R. 122 (Bankr. D. Minn. 1984). “When a fraudulent conveyance is identified, the remedy is set out in Minn.Stat. § 513.28, which reads: (1) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair…”
Palatine Nat'l Bank of Palatine v. Strom (In Re Strom), 97 B.R. 532 (Bankr. D. Minn. 1989). “Minn.Stat. § 513.28, repealed by Uniform Fraudulent Transfer Act, 1987 Minn.”
Chrysler Credit Corp. v. Peterson, 342 N.W.2d 170 (Minn. Ct. App. 1984). “In determining the rights of a judgment creditor who alleges that its debtor fraudulently conveyed property, the charge order provisions must be read in conjunction with the provisions of Minn. Stat. § 513.28 (1982), part of the Uniform Fraudulent Conveyances Act.”
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