Minnesota Statutes
Chapter 576 — Receivership
Section 576.29 — Powers And Duties Of Receivers; Generally.

Subdivision 1. Powers. (a) A receiver, whether general or limited, shall have the following powers in addition to those specifically conferred by this chapter or otherwise by statute, rule, or order of the court:
(1) the power to collect, control, manage, conserve, and protect receivership property;
(2) the power to incur and pay expenses incidental to the receiver's exercise of the powers or otherwise in the performance of the receiver's duties;
(3) the power to assert rights, claims, causes of action, or defenses that relate to receivership property; and
(4) the power to seek and obtain instruction from the court with respect to any matter relating to the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties.
(b) In addition to the powers provided in paragraph (a), a general receiver shall have the power:
(1) to (i) assert, or when authorized by the court, to release, any rights, claims, causes of action, or defenses of the respondent to the extent any rights, claims, causes of action, or defenses are receivership property; (ii) maintain in the receiver's name or in the name of the respondent any action to enforce any right, claim, cause of action, or defense; and (iii) intervene in actions in which the respondent is a party for the purpose of exercising the powers under this clause or requesting transfer of venue of the action to the court;
(2) to pursue any claim or remedy that may be asserted by a creditor of the respondent under sections 513.41 to 513.51;
(3) to compel any person, including the respondent, and any party, by subpoena pursuant to Rule 45 of the Minnesota Rules of Civil Procedure, to give testimony or to produce and permit inspection and copying of designated books, documents, electronically stored information, or tangible things with respect to receivership property or any other matter that may affect the administration of the receivership;
(4) to operate any business constituting receivership property in the ordinary course of the business, including using, selling, or leasing property of the business or otherwise constituting receivership property; incurring and payment of expenses of the business or other receivership property; and hiring employees and appointing officers to act on behalf of the business;
(5) if authorized by an order of the court following notice and a hearing, to use, improve, sell, or lease receivership property other than in the ordinary course of business; and
(6) if appointed pursuant to section 302A.753, 308A.945, 308B.935, or 317A.753, to exercise all of the powers and authority provided by the section or order of the court.
Subd. 2. Duties. A receiver, whether general or limited, shall have the duties specifically conferred by this chapter or otherwise by statute, rule, or order of the court.
Subd. 3. Modification of powers and duties. Except as otherwise provided in this chapter, the court may modify the powers and duties of a receiver provided by this section.
2012 c 143 art 1 s 9; 2016 c 135 art 3 s 3; 2020 c 83 art 1 s 88

Structure Minnesota Statutes

Minnesota Statutes

Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds

Chapter 576 — Receivership

Section 576.21 — Definitions.

Section 576.22 — Applicability Of Chapter And Of Common Law.

Section 576.23 — Powers Of The Court.

Section 576.24 — Types Of Receiverships.

Section 576.25 — Appointment Of Receivers; Receivership Not A Trust.

Section 576.26 — Eligibility Of Receiver.

Section 576.27 — Bond.

Section 576.28 — Immunity; Discovery From Receiver.

Section 576.29 — Powers And Duties Of Receivers; Generally.

Section 576.30 — Receiver As Lien Creditor; Real Property Recording; Subsequent Sales Of Real Property.

Section 576.31 — Duties Of Respondent.

Section 576.32 — Employment And Compensation Of Professionals.

Section 576.33 — Schedules Of Property And Claims.

Section 576.34 — Notice.

Section 576.35 — Notices, Motions, And Orders.

Section 576.36 — Records; Interim Reports.

Section 576.37 — Removal Of Receivers.

Section 576.38 — Termination Of Receiverships; Final Report.

Section 576.39 — Actions By Or Against Receiver Or Relating To Receivership Property.

Section 576.40 — Turnover Of Property.

Section 576.41 — Ancillary Receiverships.

Section 576.42 — Stays.

Section 576.43 — Utility Service.

Section 576.44 — Receivership Financing.

Section 576.45 — Executory Contracts.

Section 576.46 — Sales Free And Clear Of Lien In General Receiverships.

Section 576.47 — Abandonment Of Property.

Section 576.48 — Liens Against After-acquired Property.

Section 576.49 — Claims Process.

Section 576.50 — Objection To And Allowance Of Claims.

Section 576.51 — Priority Of Claims.

Section 576.52 — Interest On Unsecured Claims.

Section 576.53 — Distributions.