Uniform Voidable Transactions Act
Minnesota · Agreements Relating to Property · §§ 513.41 to 513.51 · 13 sections
Overview
The act governs the relationship between debtors and their creditors and the circumstances in which a transfer of property or an obligation incurred by a debtor can be undone because it unfairly interferes with a creditor's ability to collect. It supplies the operative definitions and tests — what counts as value, when a debtor is insolvent, when a transfer is treated as made, and when actual intent to defraud or the absence of reasonably equivalent value renders a transfer voidable — and it specifies the relief available to a creditor, the conditions under which a judgment may be entered against a transferee, the deadline for bringing an action, and where suit may be filed. It also regulates assignments a debtor makes for the benefit of creditors, requiring that the deed of assignment be executed, filed, and recorded together with sworn statements and a list of the assignor's property and creditors, that the assignee post bond and then administer and distribute the estate, and it sets out who may sue to set an assignment aside, what must be proved, and how creditors are notified and paid.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 219 court decisions.
Most-cited authority: 108 F.3d 886 - Sholdan v. Dietz
Sections covered
- Minn. Stat. § 513.41DEFINITIONS.55 cites
- Minn. Stat. § 513.42INSOLVENCY.11 cites
- Minn. Stat. § 513.43VALUE.14 cites
- Minn. Stat. § 513.44TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.77 cites
- Minn. Stat. § 513.45TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.27 cites
- Minn. Stat. § 513.46WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.
- Minn. Stat. § 513.47REMEDIES OF CREDITOR.16 cites
- Minn. Stat. § 513.48DEFENSES, LIABILITY, AND PROTECTION OF TRANSFEREE OR OBLIGEE.16 cites
- Minn. Stat. § 513.485GOVERNING LAW.
- Minn. Stat. § 513.49APPLICATION TO SERIES ORGANIZATION.
- Minn. Stat. § 513.495RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
- Minn. Stat. § 513.50SUPPLEMENTARY PROVISIONS.2 cites
- Minn. Stat. § 513.51SHORT TITLE.1 cite
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Idaho, Indiana, Kentucky, North Carolina, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont
All Minnesota named statutes →
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