Subdivision 1.Demand by receiver.

Except as expressly provided in this section, and unless otherwise ordered by the court, upon demand by a receiver, any person shall turn over any receivership property that is within the possession or control of that person. Unless ordered by the court, a person in possession of receivership property pursuant to a valid lien perfected prior to the time of appointment is not required to turn over receivership property.

Subd. 2.Motion by receiver.

Terms Used In Minnesota Statutes 576.40

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44

A receiver may seek to compel turnover of receivership property by motion in the receivership. If there exists a bona fide dispute with respect to the existence or nature of the receiver’s or the respondent’s interest in the property, turnover shall be sought by means of an action under section 576.39. In the absence of a bona fide dispute with respect to the receiver’s or the respondent’s right to possession of receivership property, the failure to relinquish possession and control to the receiver may be punishable as contempt of the court.