Cited by
Opinions in Minnesota that cite Snyder Electric Co. v. Fleming, 305 N.W.2d 863.
- Saint Paul Building LLC v. Commonwealth Properties Incorporated, John Rupp, ... Minn. Ct. App. 2024
- Saint Paul Building LLC v. Commonwealth Properties Incorporated, John Rupp, ... Minn. Ct. App. 2024
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Lariat Companies, Inc., Respondent,
Minn. Ct. App. 2020
Co. v. Fleming , (stating that, under MUFTA, “[t]he aggrieved creditor ordinarily bears the burden of proving a conveyance is fraudulent, but the relationship between the parties to a transaction may shift this burden to varying degrees”).
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Brett Mallberg, Respondent,
Minn. Ct. App. 2020
(“No siphoning of assets occurs if the transactions are for fair consideration .
- Aaron Carlson Corp. v. Cohen 919 N.W.2d 831 Minn. Ct. App. 2018
- Aaron Carlson Corp. v. Cohen 919 N.W.2d 831 Minn. Ct. App. 2018
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John S. Drewitz, Respondent,
Minn. Ct. App. 2017
When a corporation is insolvent, or on the verge of insolvency
- John S. Drewitz v. Motorwerks, Inc. 867 N.W.2d 197 Minn. Ct. App. 2015
- John S. Drewitz v. Motorwerks, Inc. 867 N.W.2d 197 Minn. Ct. App. 2015
- James Bigham v. Dale W. Kleve Minn. Ct. App. 2015
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James Bigham v. Dale W. Kleve
Minn. Ct. App. 2015
(holding that, when a corporation becomes insolvent, its officers and directors become fiduciaries of corporate assets for the benefit of creditors), appellants argue in the alternative that respondent had a fiduciary duty to them as creditors of Kleve/MTI and breached that duty because he sold t
- George Reilly, as trustee of the Nathan L. Bentson 1993 Irrevocable Trust v. Michael J. Antonello 852 N.W.2d 694 Minn. Ct. App. 2014
- George Reilly, as trustee of the Nathan L. Bentson 1993 Irrevocable Trust v. Michael J. Antonello 852 N.W.2d 694 Minn. Ct. App. 2014
- Mike Weinandt v. Burl Peckman, Markit County Grain, LLC, judgment creditor, The Harris Weinandt Living Trust Minn. Ct. App. 2014
- Mike Weinandt v. Burl Peckman, Markit County Grain, LLC, judgment creditor, The Harris Weinandt Living Trust Minn. Ct. App. 2014
- Amica Mutual Insurance Co. v. Wartman 841 N.W.2d 637 Minn. Ct. App. 2014
- Amica Mutual Insurance Co. v. Wartman 841 N.W.2d 637 Minn. Ct. App. 2014
- Citizens State Bank Norwood Young America v. Brown 829 N.W.2d 634 Minn. Ct. App. 2013
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Citizens State Bank Norwood Young America v. Brown
829 N.W.2d 634
Minn. Ct. App. 2013
Presumption of Fraud “The aggrieved creditor ordinarily bears the burden of proving a conveyance is fraudulent, but the relationship between the parties to a transaction may shift this burden to varying degrees.”
- Marriage of Haefele v. Haefele 621 N.W.2d 758 Minn. Ct. App. 2001
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Marriage of Haefele v. Haefele
621 N.W.2d 758
Minn. Ct. App. 2001
-27 (Minn.App.1992) (determining which party had burden of proof without deferring to trial court).
- St. James Capital Corp. v. Pallet Recycling Associates of North America, Inc. 589 N.W.2d 511 Minn. Ct. App. 1999
- St. James Capital Corp. v. Pallet Recycling Associates of North America, Inc. 589 N.W.2d 511 Minn. Ct. App. 1999
- New Horizon Enterprises, Inc. v. Contemporary Closet Design, Inc. 570 N.W.2d 12 Minn. Ct. App. 1997
- New Horizon Enterprises, Inc. v. Contemporary Closet Design, Inc. 570 N.W.2d 12 Minn. Ct. App. 1997
- Association of Mill & Elevator Mutual Insurance Co. v. Barzen International, Inc. 553 N.W.2d 446 Minn. Ct. App. 1996
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Association of Mill & Elevator Mutual Insurance Co. v. Barzen International, Inc.
553 N.W.2d 446
Minn. Ct. App. 1996
(corporation became insolvent and closed two years later); B & S Rigging & Erection, (insolvency for two months before ceasing operations).
- Texas Commerce Bank v. Olson 416 N.W.2d 456 Minn. Ct. App. 1987
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Texas Commerce Bank v. Olson
416 N.W.2d 456
Minn. Ct. App. 1987
§ 513.26 (1986); (“creditors are to be unaided by ‘intent presumed in law’ ” under Minn.Stat.
- Honn v. Coin & Stamp Gallery, Inc. 407 N.W.2d 419 Minn. Ct. App. 1987
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Honn v. Coin & Stamp Gallery, Inc.
407 N.W.2d 419
Minn. Ct. App. 1987
the supreme court stated: Directors and officers may make loans to their corporations and they may use the same methods as other creditors to collect bona fide corporate debts owed to them, but only so long as the corporation is solvent.
- Murray v. Atwood 404 N.W.2d 898 Minn. Ct. App. 1987
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Murray v. Atwood
404 N.W.2d 898
Minn. Ct. App. 1987
the supreme court explained this cause of action as follows: Directors and officers may make loans to their corporations and they may use the same methods as other creditors to collect bona fide corporate debts owed to them, but only so long as the corporation *901 is solvent.
- Voluntary Dissolution of Quintar, Inc. v. MBC, Inc. 397 N.W.2d 594 Minn. Ct. App. 1986
- Voluntary Dissolution of Quintar, Inc. v. MBC, Inc. 397 N.W.2d 594 Minn. Ct. App. 1986
- Argonaut Insurance Co. v. Cooper 395 N.W.2d 119 Minn. Ct. App. 1986
- Argonaut Insurance Co. v. Cooper 395 N.W.2d 119 Minn. Ct. App. 1986
- Almac, Inc. v. JRH Development, Inc. 391 N.W.2d 919 Minn. Ct. App. 1986
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Almac, Inc. v. JRH Development, Inc.
391 N.W.2d 919
Minn. Ct. App. 1986
See Snyder Electric Co. v, Fleming, (nonpayment of dividends is not improper when all funds were put back into the corporation).
- B & S Rigging & Erection, Inc. v. Wydella 353 N.W.2d 163 Minn. Ct. App. 1984
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B & S Rigging & Erection, Inc. v. Wydella
353 N.W.2d 163
Minn. Ct. App. 1984
is a breach of the fiduciary obligations of Broderius and Yates;” and the set-off was a means for avoiding payment “contrary to past practices of the corporations,” constituting an impermissible preference “by enhancing and favoring the financial position of B & S to the detriment of other creditors.” In so concluding, for the proposition that: When the corporation is insolvent or on the verge of insolvency, its directors and officers become fiduciaries of the corporate assets for the benefi
- Greer v. Greer 350 N.W.2d 439 Minn. Ct. App. 1984
- Northern States Power Co. v. Williams 343 N.W.2d 627 Minn. 1984
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Northern States Power Co. v. Williams
343 N.W.2d 627
Minn. 1984
Hence, this court “need not defer to the trial court’s assessments of the evidence and may substitute factual findings of our own ⅞ *