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

Minn. Stat. § 513.47

Remedies Of Creditor

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(a) In an action for relief against a transfer or obligation under sections 513.41 to 513.51, a creditor, subject to the limitations in section 513.48, may obtain:

(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(3) subject to applicable principles of equity and in accordance with applicable Rules of Civil Procedure:

(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii) any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1990–2023 · leading case: Stoebner v. Opportunity Finance, LLC (In re Polaroid Corp.)
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Stoebner v. Opportunity Finance, LLC (In re Polaroid Corp.) (2016) mnb · cites it 2× “47(b) (allowing creditor that “has obtained a judgment on a claim against the debtor,” to “levy execution on the asset transferred or its proceeds”) (both 2014).”
George Reilly, as trustee of the Nathan L. Bentson 1993 Irrevocable Trust v. Michael J. Antonello (2014) minnctapp · cites it 2× “” Minn. Stat. § 513.47 (a)(1). To determine whether a person transferred assets fraudulently under the Minnesota Uniform Fraudulent Transfer Act, we consider whether any of the following “badges of fraud” exist.”
New Horizon Enterprises, Inc. v. Contemporary Closet Design, Inc. (1997) minnctapp · cites it 2× “2d at 231 ; see also Minn. Stat. § 513.47 (outlining relief that may be obtained in an action against transfer or obligation under §§ 513.”
Georgen-Running v. Grimlie (In Re Grimlie) (2010) bap8 “Minn.Stat. § 513.47(a)(1). 27 . Minnesota is neither a community property nor a tenancy by entireties state.”
Bartholomew v. Avalon Capital Group, Inc. (2009) mnd · cites it 2× “Minn.Stat. §§ 513.47, 513.48(b) (“[T]o the extent a transfer is voidable in an action by a creditor .”
Running v. Dolan (In re Goodspeed) (2015) mnb · cites it 5× “citing Minn.Stat. §§ 513.47, 513.48(b). Bankruptcy trustees (and debtors-in-possession) are the exception.”
Joseph P. McGraw v. Commissioner of Internal Revenue (2004) ca8 “Unlike the UFTA, which establishes remedies for aggrieved creditors, Minn. Stat. § 513.47 , the MBCA sections provide that a shareholder may be liable to “the corporation, its receiver, or other person winding up its affairs, or a director [as provided in § 302A.”
Overocker v. Solie (1999) minnctapp · cites it 4× “48 (1998), in relevant part, reads: (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 513.47(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under…”
Hedback v. American Family Mutual Insurance (In Re Mathews) (1997) mnb · cites it 2× “§ 544 (b) and Minn.Stat. § 513.47(a). 5. Pursuant to 11 U.”
Girard v. Michener (In Re Michener) (1998) mnb · cites it 2× “28 of the Fraudulent Conveyance Act, is found in Minn.Stat. § 513.47, which reads: 513.47.”
Buckrey v. Comm'r (2017) tax “A creditor can recover judgment for the value of the property transferred or the amount of the creditor's claim, whichever is less.”
ELLIOT & CALLAN, INC. v. Crofton (2009) mnd · cites it 2× “Minn.Stat. §§ 513.47(a)(1), 513.48(b). 18.”
Show all 24 citing cases →
— Minn. Stat. § 513.47(a) — 1 case
Hedback v. American Family Mutual Insurance (In Re Mathews) (1997) mnb “§ 544 (b) and Minn.Stat. § 513.47(a). 5. Pursuant to 11 U.”
— Minn. Stat. § 513.47(a)(1) — 5 cases
Stoebner v. Opportunity Finance, LLC (In re Polaroid Corp.) (2016) mnb “47(b) (allowing creditor that “has obtained a judgment on a claim against the debtor,” to “levy execution on the asset transferred or its proceeds”) (both 2014).”
Georgen-Running v. Grimlie (In Re Grimlie) (2010) bap8 “Minn.Stat. § 513.47(a)(1). 27 . Minnesota is neither a community property nor a tenancy by entireties state.”
ELLIOT & CALLAN, INC. v. Crofton (2009) mnd “Minn.Stat. §§ 513.47(a)(1), 513.48(b). 18.”
Overocker v. Solie (1999) minnctapp “48 (1998), in relevant part, reads: (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 513.47(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under…”
State v. Schleicher (2002) minn
— Minn. Stat. § 513.47(a)(2) — 1 case
Morrison v. Doyle (1998) minnctapp
— Minn. Stat. § 513.47(a)(3) — 1 case
Morrison v. Doyle (1998) minnctapp
— Minn. Stat. § 513.47(a)(l)(2012) — 1 case
Citizens State Bank Norwood Young America v. Brown (2013) minnctapp
— Minn. Stat. § 513.47(b) — 1 case
Overocker v. Solie (1999) minnctapp “48 (1998), in relevant part, reads: (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 513.47(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under…”
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