State Bank of Delano v. Centerpoint Energy

3 Citing cases

  1. Aaron Carlson Corp. v. Cohen

    919 N.W.2d 831 (Minn. Ct. App. 2018)   Cited 1 times

    A receiver serves as "a fiduciary representing the court and all parties in interest, and the purpose and scope of a receivership is defined by court order," while the receivership statute and the "court’s general equitable powers" define a receiver’s powers. Equity Trust , 766 N.W.2d at 341 ; see also Minn. Stat. § 576.29, subds. 2, 3 (stating that a receiver "shall have the duties specifically conferred by this chapter or otherwise by statute, rule, or order of the court," which may be modified by the court); State Bank of Delano v. CenterPoint Energy Res. Corp. , 779 N.W.2d 582, 587 (Minn. App. 2010) ("A receiver’s powers are defined by the orders of the court and include authority as may reasonably or necessarily be implied for such orders." (quotation omitted) ), review denied (Minn.

  2. BMO Harris Bank v. City Ctr. Dev., LLC

    No. A16-0766 (Minn. Ct. App. Jan. 9, 2017)   1 Legal Analyses

    Instead, they interpreted other statutes—statutes under which the appointment of a receiver was permissive. See State Bank of Delano v. CenterPoint Energy Res. Corp., 779 N.W.2d 582, 585-87 (Minn. App. 2010) review denied (Minn. May 26, 2010) (stating that a mortgage-foreclosure receivership is statutorily distinguished from other receiverships). Even a court acting in equity with broad discretion lacks the discretion to disregard an appointment mandated by statute.

  3. U.S. Fed. Cr. Union v. Stars Strikes

    No. A10-1101 (Minn. Ct. App. Apr. 19, 2011)

    We review the scope of a receiver's duties de novo. See State Bank of Delano v. Centerpoint Energy Res. Corp., 779 N.W.2d 582, 585 (Minn. App. 2010), review denied (Minn. May 26, 2010).