Chapter 576 — Applicability of Chapter and of Common Law

576.01 This section has been repealed. 576.011 This section has been renumbered to 578.01. 576.02 This section has been repealed. 576.04 This section has been renumbered to 578.02. 576.05 This section has been renumbered to 578.03. 576.06 This section has been renumbered to 578.04. 576.07 This section has been renumbered to 578.05. 576.08 This section has been renumbered to 578.06. 576.09 This section has been renumbered to 578.07. 576.10 This section has been renumbered to 578.08. 576.11 This section has been renumbered to 578.09. 576.12 This section has been renumbered to 578.10. 576.121 This section has been renumbered to 578.11. 576.122 This section has been renumbered to 578.12. 576.123 This section has been renumbered to 578.13. 576.13 This section has been renumbered to 578.14. 576.14 This section has been renumbered to 578.15. 576.141 This section has been renumbered to 578.16. 576.142 This section has been renumbered to 578.17. 576.143 This section has been renumbered to 578.18. 576.144 This section has been renumbered to 578.19. 576.15 This section has been renumbered to 578.20. 576.16 This section has been renumbered to 578.21. 576.21 Definitions Defines key terms for Minnesota's receivership law, including court, entity, receiver, and receivership property. 576.22 Applicability of Chapter and of Common Law Explains when this receivership chapter applies and how it relates to common law receivership rules. 576.23 Powers of the Court Gives the court exclusive power over all receivership property and disputes related to the receivership. 576.24 Types of Receiverships Receiverships are either limited (for lien enforcement) or general (for all property of the debtor). 576.25 Appointment of Receivers; Receivership Not a Trust Sets the rules for when and how a court can appoint a receiver to take control of property or a business. 576.26 Eligibility of Receiver Any qualified, independent person can serve as a receiver, whether or not they live in Minnesota. 576.27 Bond Receivers must post a bond to guarantee they will properly carry out their duties. 576.28 Immunity; Discovery From Receiver Receivers have legal immunity for actions within the scope of their appointment and can be subject to discovery. 576.29 Powers and Duties of Receivers; Generally Lists the powers and duties of receivers, including collecting property, managing assets, and making reports. 576.30 Receiver as Lien Creditor; Real Property Recording; Subsequent Sales of Real Property A receiver has the same priority as a lien creditor from the moment of appointment. 576.31 Duties of Respondent The person whose property is in receivership must cooperate with the receiver and turn over all records. 576.32 Employment and Compensation of Professionals Receivers can hire attorneys, accountants, and other professionals to help manage the receivership. 576.33 Schedules of Property and Claims The court can require schedules listing all receivership property, creditors, and claims. 576.34 Notice In general receiverships, the receiver must notify all known creditors within 21 days of appointment. 576.35 Notices, Motions, and Orders Sets procedures for filing appearances, serving motions, and maintaining a master service list in receiverships. 576.36 Records; Interim Reports Receivers must keep detailed records of all transactions and file interim reports with the court. 576.37 Removal of Receivers The court can remove a receiver for failing to post bond, refusing to serve, or other good cause. 576.38 Termination of Receiverships; Final Report Sets rules for ending a receivership and requiring the receiver to file a final report. 576.39 Actions by or Against Receiver or Relating to Receivership Property Receivers can sue and be sued. All lawsuits involving receivership property must be in the appointing court. 576.40 Turnover of Property Anyone holding receivership property must turn it over to the receiver on demand. 576.41 Ancillary Receiverships A Minnesota receiver can seek appointment in other states, and out-of-state receivers can seek authority here. 576.42 Stays The court can stay (pause) lawsuits and other actions against receivership property. 576.43 Utility Service Utility companies cannot shut off service to receivership property without proper notice to the receiver. 576.44 Receivership Financing Receivers can borrow money and obtain financing to operate or preserve the receivership property. 576.45 Executory Contracts Receivers take over the rights and duties under the respondent's existing contracts and leases. 576.46 Sales Free and Clear of Lien in General Receiverships In general receiverships, the court can order property sold free and clear of liens. 576.47 Abandonment of Property The court can let the receiver abandon property that is not valuable or is too expensive to keep. 576.48 Liens Against After-acquired Property Property acquired after the receivership begins is subject to existing liens just as it would be without a receivership. 576.49 Claims Process Sets up the process for creditors to file claims against a receivership estate. 576.50 Objection to and Allowance of Claims The receiver or any party can object to claims. Claims not objected to are automatically allowed. 576.51 Priority of Claims Sets the order in which creditors get paid from receivership assets, from secured claims to unsecured. 576.52 Interest on Unsecured Claims Unsecured creditors can earn interest on their claims if the receivership has enough money to pay claims in full. 576.53 Distributions The receiver must file a distribution schedule before paying out any money to creditors. 578.01 Definitions Defines terms used in the absentee property chapter, including who counts as an absentee. 578.02 Absentees; Possession, Management, and Disposition of Property Sets up the process for taking control of property when a person has disappeared or abandoned their family. 578.03 Warrant; Sheriff to Take Possession of Property; Fees and Costs The court can issue a warrant for the sheriff to seize an absentee's property and hold it for the court. 578.04 Notice of Seizure; Appointment of Receiver; Disposition of Property After property is seized, the court issues notice to the absentee and anyone who claims an interest in it. 578.05 Publication of Notice The court's notice must be published in newspapers for three weeks and posted in public places. 578.06 Hearing by Court; Dismissal of Proceeding; Appointment and Bond of Receiver After a hearing, the court either dismisses the case or appoints a receiver for the absentee's property. 578.07 Transfer of Property to Receiver After the receiver posts a bond, the sheriff transfers the seized property to the receiver. 578.08 Additional Property; Receiver to Take Possession The receiver can be directed to take control of additional property found after the initial seizure. 578.09 Where No Corporeal Property; Receiver; Bond If the absentee left no physical property but is owed debts, a receiver can still be appointed to collect them. 578.10 Care of Property; Lease; Sale; Control of Business The court can order the receiver to manage, lease, or sell the absentee's property. 578.11 Advance Life Insurance Payments to Absentee's Beneficiary If the absentee had life insurance, dependents can get advance payments from the policy for support. 578.12 Hearing by Court; Determination of Right to Advance Life Insurance Payments Sets the court hearing process for determining if advance life insurance payments should be made. 578.13 Reappearance of Absentee If an absentee reappears after advance insurance payments were made, the death benefit is reduced by that amount. 578.14 Use of Proceeds The court can order the absentee's property or sale proceeds used to support the spouse and minor children. 578.15 Claims; Adjustment by Receiver The receiver can settle claims for or against the absentee's estate by arbitration or compromise. 578.16 Presumption of Death From Absence A person missing for 4 years with no explanation is legally presumed dead. 578.17 Hearing by Court; Determination of Death of an Absentee Any interested person can ask the court for a hearing to declare an absentee legally dead. 578.18 Degree of Burden of Proof The person asking the court to declare someone dead bears the burden of proof. 578.19 Dissolution of Marriage If the court finds the absentee is dead, the marriage is automatically dissolved. 578.20 Compensation of Receiver; Title of Absentee Lost After Four Years If the absentee does not return within 4 years, they lose all rights to their property. 578.21 Property Distribution; Time Limitation If the receiver is not appointed within 3 years, the timeline for distributing property drops to 1 year.