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

Minn. Stat. § 513.45

Transfer Or Obligation Voidable As To Present Creditor

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(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(c) Subject to section 513.42, paragraph (b), a creditor making a claim under paragraph (a) or (b) has the burden of proving the elements of the claim by a preponderance of the evidence.

Notes of Decisions
Cited in 49 cases (4 in the last 5 years), 1989–2024 · leading case: Finn v. Alliance Bank
Sort: Relevance Newest Treatment
Finn v. Alliance Bank (2015) minn · cites it 13× “The first formulation, under Minn.Stat. § 513.45(a), turns on whether, when the transfer occurred, the debtor was or had become “insolvent,” which is a term of art with a defined meaning under MUFTA.”
In re Petters Co. (2013) mnb · cites it 6× “For his legal basis of suit, the Trustee invoked Minn.Stat. § 513.45(b), under the empowerment of 11 U.”
Bartholomew v. Avalon Capital Group, Inc. (2009) mnd · cites it 10× “Minn.Stat. § 513.45(b). Moreover, only creditors are entitled to remedies under the UFTA.”
Leonard v. Norman Vinitsky Residuary Trust (In Re Jolly's, Inc.) (1995) mnb · cites it 8× “Count II: Minn.Stat. § 513.45. Count II of the Plaintiffs complaint sounds under Minn.”
In re Petters Co. (2013) mnb · cites it 6× “Minn. Stat. § 513.45 (transfers may be held fraudulent as to present creditors, on stated elements that differ from those of Minn.”
Running v. Dolan (In re Goodspeed) (2015) mnb · cites it 24× “Minn.Stat. § 513.45. “The act defines ‘debtor’ as ‘a person who is liable on a claim’ and defines ‘creditor’ as ‘a person who has a claim.”
Kelley v. Opportunity Finance, LLC (In re Petters Co.) (2016) mnb · cites it 5× “The Court notes that if the Complaint did establish a plausible basis for a tort claim, it still would not resolve the standing issue for Counts 8,13, 19, and 23 which sound in Minn. Stat. § 513.45 . Under Minn. Stat. § 513.”
Seaver v. Lindback (In re White) (2016) mnb · cites it 12× “24, which the Debtor paid to Lindback (her mother), May 27, 2014, as partial repayment of a series of unsecured loans totaling $71,500.”
Seaver v. Glasser (In re Top Hat 430, Inc.) (2016) mnb · cites it 18× “Minn. Stat. § 513.45 (b) Likewise, whether Ms.”
ELLIOT & CALLAN, INC. v. Crofton (2009) mnd · cites it 16× “E & C’s claim arises under Minn. Stat. § 513.45 (b), which provides: *968 A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that…”
Stoebner v. Ritchie Capital Management, L.L.C. (In re Polaroid Corp.) (2012) mnb · cites it 2× “2009) (applying Minn.Stat. § 513.45(b)); New Horizon Ents.”
Gibson v. Gibson (1993) mnb · cites it 4× “the debtor received less than "a reasonably equivalent value,” and either was insolvent at the time or was rendered insolvent by the transfer, Minn.Stat. § 513.45(a); or 3. the debtor made the transfer to an insider for an antecedent debt, the debtor was insolvent, and the…”
Show all 49 citing cases →
— Minn. Stat. § 513.45(a) — 16 cases
Finn v. Alliance Bank (2015) minn “The first formulation, under Minn.Stat. § 513.45(a), turns on whether, when the transfer occurred, the debtor was or had become “insolvent,” which is a term of art with a defined meaning under MUFTA.”
Running v. Dolan (In re Goodspeed) (2015) mnb “Minn.Stat. § 513.45. “The act defines ‘debtor’ as ‘a person who is liable on a claim’ and defines ‘creditor’ as ‘a person who has a claim.”
Leonard v. Norman Vinitsky Residuary Trust (In Re Jolly's, Inc.) (1995) mnb “Count II: Minn.Stat. § 513.45. Count II of the Plaintiffs complaint sounds under Minn.”
Finn v. Alliance Bank (2013) minnctapp
Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In Re Musicland Holding Corp.) (2008) nysb
— Minn. Stat. § 513.45(b) — 12 cases
In re Petters Co. (2013) mnb “For his legal basis of suit, the Trustee invoked Minn.Stat. § 513.45(b), under the empowerment of 11 U.”
Bartholomew v. Avalon Capital Group, Inc. (2009) mnd “Minn.Stat. § 513.45(b). Moreover, only creditors are entitled to remedies under the UFTA.”
In re Petters Co. (2013) mnb “Minn. Stat. § 513.45 (transfers may be held fraudulent as to present creditors, on stated elements that differ from those of Minn.”
Finn v. Alliance Bank (2015) minn “The first formulation, under Minn.Stat. § 513.45(a), turns on whether, when the transfer occurred, the debtor was or had become “insolvent,” which is a term of art with a defined meaning under MUFTA.”
ELLIOT & CALLAN, INC. v. Crofton (2009) mnd “E & C’s claim arises under Minn. Stat. § 513.45 (b), which provides: *968 A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that…”
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