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Legal Memorandum: Fraudulent Transfers and Appointment of a Receiver

Issue: In a bankruptcy proceeding, what are the pleading requirements a party must satisfy when seeking to have a receiver appointed to address fraudulent transfers?

Area of Law: Bankruptcy & Creditors Rights, Personal Injury & Negligence
Keywords: Appointment of a receiver; Fraudulent transfers; Pleading requirements
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 513.45, § 513.47, § 513.47(b), § 513.47(a), § 513.47(a)(3)
Date: 12/01/2010

  

The Restatement (Second) of Conflict of Laws § 188 provides that the rights and duties of the parties with respect to a contract are determined by the law of that state that has the most significant relationship to the transaction and the parties.  If the contract does not include an effective choice-of-law clause, the contacts to be considered in applying this general rule include (a) the place of contracting; (b) the place where the contract was negotiated; (c) the place of performance; (d) the location of the subject matter of the contract; and (d) the domicile, residence, nationality, place of incorporation, and place of business of the parties.  Id.  Each of these factors must be evaluated according to its relative importance with regard to the particular issue under consideration.  Id.   

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