Subdivision 1. Performance by receiver. Unless a court orders otherwise, a receiver succeeds to all of the rights and duties of the respondent under any executory contract. The court may condition the continued performance by the receiver on terms that are appropriate under the circumstances. Performance of an executory contract shall create a claim against the receivership to the extent of the value of the performance received by the receivership after the time of appointment. The claim shall not constitute a personal obligation of the receiver.
Subd. 2. Assignment and delegation by receiver. For good cause, the court may authorize a receiver to assign and delegate an executory contract to a third party under the same circumstances and under the same conditions as the respondent was permitted to do so pursuant to the terms of the executory contract and applicable law immediately before the time of appointment.
Subd. 3. Termination by receiver. For good cause, the court may authorize the receiver to terminate an executory contract. The receiver's right to possess or use property or receive services pursuant to the executory contract shall terminate at the termination of the executory contract. Except as to the claim against the receivership under subdivision 1, if a termination of an executory contract constitutes a breach of the executory contract, the termination shall create a claim equal to the damages, if any, for breach of the contract as if the breach of contract had occurred immediately before the time of appointment. Any claim arising under this section for termination of an executory contract shall be presented or filed in the same manner as other claims in the receivership no later than the later of: (1) the time set for filing of claims in the receivership; or (2) 28 days after the notice by the receiver of the termination of the executory contract.
2012 c 143 art 1 s 25; 2016 c 135 art 3 s 5
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
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 576.28 — Immunity; Discovery From Receiver.
Section 576.29 — Powers And Duties Of Receivers; Generally.
Section 576.31 — Duties Of Respondent.
Section 576.32 — Employment And Compensation Of Professionals.
Section 576.33 — Schedules Of Property And Claims.
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 576.43 — 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.