Appendix A Minnesota Sentencing Guidelines Under the Minnesota Sentencing Guidelines, felony offenses are divided into eleven levels of severity, ranging from low (Level I) to high (Level XI). The offense level, combined with the offender’s criminal history, determines the offender’s presumptive sentence. The following table references crimes associated with identity theft and their corresponding presumptive…
Need help? Contact a criminal defense attorney. As the definition of the crime suggests, identity theft is perpetrated to facilitate other unlawful activities, such as credit card fraud, check fraud, or mortgage fraud. An identity thief may steal someone’s identity to evade law enforcement or avoid arrest or prosecution. A crime may also involve the…
Crimes: Identity Theft and “Phishing” To address identity theft, section 609.527 (Minnesota’s identity theft law) criminalizes two types of behavior. First, it is a crime to transfer, possess, or use an identity that is not the person’s own, with the intent to commit, aid, or abet any unlawful activity. Minn. Stat. § 609.527, subd. 2….
This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are norally accessed with a web browser. RSS is a technology that allows a webpage (blog, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is…
Has your attorney messed up your case? Are you paying the price for having a bad lawyer? Many people who are frustrated with legal services provided by their former attorney consider filing a legal malpractice lawsuit. The following are some frequently asked questions about bringing a lawyer malpractice lawsuit in Minnesota along with simple answers….
I do not practice in this area. To find an emancipation attorney, you can contact either of these organizations: Youth Law Project at Mid-Minnesota Legal Aid 612-332-1441 [email protected] Tubman 612.825.0000 (24-hour hotline) Let’s face it—many adults make terrible parents. Sometimes, a teenager would be better off without the harmful, toxic involvement of his or her…
Minnesota bankruptcy law works hand-in-hand with U.S. federal bankruptcy law. For this reason, the information provided here explains federal and Minnesota bankruptcy laws as they generally apply to Minnesota residents and Minnesota business owners. This bankruptcy information is provided for general educational purposes only. If you are contemplating bankruptcy, you should obtain advice from a…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: In re Carlson, 414 B.R. 508 (Bankr. D. Minn. 10/09/09) (Kishel, J.). Case Summary: Court has no Jurisdiction over Counterclaim The debtor, Carlson, filed a chapter 7 petition on January 19, 2009. At the…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Swart v. Dahl (In re Dahl), 2009 WL 3164756 (D. Minn. 9/25/09) (Frank, J.). Case Summary: A Claim Based on an Expired Judgment is a Claim for Bankruptcy Purposes if a “Renewal” Action has…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Myers v. Raynor (In re Raynor), 2010 WL 3292816 (8th Cir. (Neb.) 8/23/10) (Smith, J.). Case Summary: Section 546(A) is a Statute of Limitations and is Not Jurisdictional, So Rule 9006 Applies for Time…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Stabler v. Beyers (In re Stabler), 418 B.R. 764 (B.A.P. 8th Cir. (So. Dak.) 11/30/09) (Venters, J.). Case Summary: Abstention is Proper Where Party is Forum-Shopping The Eighth Circuit BAP affirms the South Dakota…
The bankruptcy process is intended to provide individuals a way out from under mounds of debt and an opportunity to rebuild their lives, and their credit, and begin daily life with a fresh start. Most bankruptcies are filed under chapters 7, 11, and 13 of the Bankruptcy Code. Chapter 7 Basics Chapter 7 bankruptcy is…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Russell’s Americinn, LLC v. Eagle General Contractors, LLC, 772 N.W.2d 81 (Minn. App. 9/15/09) (Worke, J.). Case Summary: Exempt Property May Lose its Character if Deposited Into a Joint Account The judgment creditor garnished…
A discharge is essentially an order from the bankruptcy court informing a debtor and the debtor’s creditors that the debtor is no longer legally required to repay the debt. The debtor is no longer legally responsible for the debt. Many common types of non-dischargeable debt include tax debt, debts the debtor did not list for…
Minnesota Bankruptcy Case: Creditor Loses Lien Where Adding D/B/A to a Debtor’s Name Rendered Name Seriously Misleading The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Hastings State Bank v. Stalnaker, (In re EDM Corporation), 431 B.R. 459 (B.A.P. 8th Cir. (Neb.) 5/14/10)…
September 2014 Update: Warning – Legal Reversal The 8th Circuit Court of Appeals recently issued a decision contrary to the information below. In the case of Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014) the court held that “a Chapter 13 plan that reclassified the third-mortgage creditor’s claim as…
The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Wallace v. Marble (In re Marble), 426 B.R. 316 (B.A.P. 8th Cir. (Mo.) 3/31/10) (Kressel, C.J.). Case Summary: Indemnification Debt Arose in the Course of Divorce The Eighth Circuit BAP affirms the bankruptcy court’s…
Minnesota Bankruptcy Case: Building Contractors Default Does Not Rise to the Level of Fraud, Theft, or Conversion The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Laudon v. Yozamp (In re Yozamp), ADV 09-6029, (Bankr. D. Minn. 8/3/10) (O’Brien, J.) Case Summary: Building…
It’s not uncommon for business owners to encounter unforeseeable problems. Owning a business is a risk. Business owners considering bankruptcy often find themselves dealing with the psychological factors, considering alternatives, and trying to understand the process. This article summarizes these areas. The Psychological Toll Often the thought of filing bankruptcy triggers anxiety, stress, and sometimes…
I was recently asked whether a personal guarantee could be discharged in bankruptcy. The answer is fairly simple, but it depends on who filed for bankruptcy. There are two simple rules to keep in mind: The person who files for bankruptcy has his or her debts discharged. The person who does not file for bankruptcy…
The ultimate benefit in bankruptcy proceedings is probably the discharge or the permission from the bankruptcy court not to repay certain debts. The bankruptcy court eliminates these debts so that: The debt no longer legally needs to be repaid, and The creditors of that debt are not permitted to attempt to collect that debt. There…
This article explains requirements for a franchisor starting a franchise in Minnesota. If you buying a franchise, visit tips on buying a franchise in Minnesota. Item 23: Receipts Like the UFOC Guidelines, the amended Rule requires franchisors to obtain a signed receipt for the disclosure document furnished to each prospective franchisee. To facilitate electronic disclosures, the definition…
Sexually Dangerous Persons Civil Commitment Law: Changing the Terms of or Ending Civil Commitment The decision to transfer the person to a more or less secure treatment facility or to discharge a sexually dangerous person from civil commitment is made by a special review board panel appointed by the Commissioner of Human Services. The panel…
How long must child abuse reports and records be kept? Records held by local social service agencies, investigating agencies, and schools will be retained on the following schedule. For family assessment cases and cases in which there is no determination of maltreatment or need for child protective services, records must be kept for four years….
How are reports of abuse or neglect in the home handled? When the local social service agency receives a report, the agency determines whether to conduct a family assessment or an investigation. If the report alleges substantial child endangerment, the agency will conduct an investigation. The agency may conduct a family assessment when a report…
Taxing Jurisdiction & Year Authorized Rate Approval required Use of Revenues/Other Comments Bloomington – 1986 1.0% City council approval Mall of America site improvements. This tax was only authorized for sales at the Mall of America site. The city did not impose the tax before legislative authority was repealed in 1987. Thief River Falls –…
This post was last updated in December 2012. View an overview of Minnesota Gift Tax law reflecting changes made in 2013. This post provides basic background information on the details of state estate, inheritance, and gift taxes. The District of Columbia and 22 states, including Minnesota, impose these taxes. Of these, 14 states, including Minnesota,…
State and federal firearms laws govern where and how firearms can be carried, transported, and used in Minnesota. This information brief describes those laws.Various state and federal firearms laws prohibit or otherwise restrict people from possessing, carrying, transporting, and using firearms at certain locations in Minnesota. Most of these laws provide exceptions for law enforcement…
Sale and Purchase of Methamphetamine Precursor Drugs A pharmacy employee who violates the restrictions placed on the sale of methamphetamine precursor drugs is guilty of a misdemeanor.1 Likewise, a person who purchases an amount of methamphetamine precursor drugs that exceeds the statutory maximum is guilty of a misdemeanor. Minn. Stat. § 152.02, subd. 6. The…
Driver’s licensing law allows DPS to impose restrictions on a person’s license to “assure safe operation.” Under DPS rules, a person whose driver’s license has been cancelled and denied for a third or subsequent impaired driving violation and who has successfully completed treatment and rehabilitation may apply for a restricted driver’s license, a B-Card, provided…