What is a Rule 26 Discovery Conference in Minnesota Court Cases?

What is a Rule 26 Discovery Conference in Minnesota Court Cases?

Parties to a Minnesota lawsuit must have a Rule 26 discovery conference, which is often done by phone, to discuss how they will handle the discovery and evidence in their lawsuit. The requirements for this are found in Rule 26.06 of the Minnesota Rules of Civil Procedure. When must a Rule 26 discovery conference be…

Fraud Elements to Avoid Discharge in Bankruptcy

Fraud Elements to Avoid Discharge in Bankruptcy

Certain types of fraud are not dischargeable in bankruptcy. United States Bankruptcy law has very specific requirements to establish the type of fraud that is not dischargeable in bankruptcy. That is, only some fraud is not dischargeable. In general, lawsuit judgments and debts are dischargeable in bankruptcy except for a select few including child support…

Relevant Information | Minnesota Uniform Transfer Act (MUFTA)

Relevant Information | Minnesota Uniform Transfer Act (MUFTA)

MUFTA is codified in Minnesota Statute’s §513.41 – §513.51. As the fight is generally between the creditor and the transferee, we must understand what a transfer is, and what constitutes an asset. The definitions section is §513.41. A transfer can take place in just about every manner. ““Transfer” means every mode, direct, or indirect, absolute…

Bankruptcy: Owner Liability in the Chapter 11 Bankruptcy of a Business

Bankruptcy: Owner Liability in the Chapter 11 Bankruptcy of a Business

There are many different types of bankruptcies. Often, each type is referred to by the name of the Chapter in which it is contained in the United States Bankruptcy Code. You’ve probably heard of Chapter 7 and Chapter 13, and maybe even Chapter 11 bankruptcies. The following information may be useful to a business which…

Minnesota Bankruptcy Questions & Answers

Minnesota Bankruptcy Questions & Answers

When I have represented parties in bankruptcies and workouts, they often raise common questions. This article offers my answers to some of those basic questions for people considering bankruptcy. If you’re not going to declare bankruptcy and have several different kinds of debt, how do you prioritize which ones to pay off first? High priorities are…

Example, Sample Cease and Desist Letter Template to Collection Agency Regarding Disputed Debt

Example, Sample Cease and Desist Letter Template to Collection Agency Regarding Disputed Debt

Sad Phone by Ron Bennet   If you’re receiving phone calls in an attempt to collect a debt that you legitimately do not owe, the following cease and desist letter template may be useful in your attempts and efforts to clear up any confusion and get the annoying debt collectors off from your back. If…

Minnesota Bankruptcy Law Terms

Minnesota Bankruptcy Law Terms

Navigating any portion of the legal system can be very confusing to non-lawyers. Lawyers and judges and sometimes creditors become so accustomed to the legal language they use that they sometimes forget that many debtors do not often understand the terms they use. While there are many difficult legal terms in bankruptcy proceedings, some basic…

Minnesota Bankruptcy Law FAQ

Minnesota Bankruptcy Law FAQ

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…

Cheap Minnesota Bankruptcy Attorney & Money Saving Tips

Cheap Minnesota Bankruptcy Attorney & Money Saving Tips

Minnesota bankruptcy attorney’s fees generally range from about $2,200 to $5,000 for a Chapter 7 personal bankruptcy depending on the complexity of your matter. Here are some ways to save money and get a cheap bankruptcy attorney. Bankruptcy Alternatives Can Save You Money Is bankruptcy your only option? Unfortunately, many people are pushed into bankruptcy without…

Minnesota Bankruptcy Alternatives

Minnesota Bankruptcy Alternatives

Do you want to avoid bankruptcy? Bankruptcy alternatives may be available depending on your situation. Legitimate Bankruptcy Alternatives As a debt-relief attorney, Aaron Hall can explain legitimate ways to avoid bankruptcy and workout debt problems. He provides a consultation to analyze your situation and determine whether bankruptcy alternatives are available for you. Bankruptcy alternatives can…

Minnesota Bankruptcy: Common Causes and Shared Emotions

Minnesota Bankruptcy: Common Causes and Shared Emotions

Traditionally, the most common cause of bankruptcy was an unexpected health or medical issue. But the downturn in the economy in recent years has caused a number of other factors to lead people to bankruptcy. Those factors include the loss of a job, the decrease in real estate prices (which has especially affected those with…

An Example Deciding Between Bankruptcy & Negotiations

An Example Deciding Between Bankruptcy & Negotiations

Are you considering bankruptcy and wondering if bankruptcy is right for you? Let’s examine a recent example of someone who needed to file for bankruptcy. A Bankruptcy Example The couple lived in Minneapolis, Minnesota. The husband and wife both worked near Minneapolis. They always paid their bills on time. They had children in elementary school….

Minnesota Bankruptcy Types | Chapter 7, 11, 12, and 13 Differences

Minnesota Bankruptcy Types | Chapter 7, 11, 12, and 13 Differences

In Minnesota, there are four common bankruptcy types for individuals. Each type of bankruptcy is named after its chapter in the United States Bankruptcy Code. This article presents a brief summary of the various types of bankruptcy available to Minnesota residents. Chapter 7 – A trustee is appointed to take over your property. Any property…

Bankruptcy Jurisdiction over Counterclaims Limited for Lack of Standing

Bankruptcy Jurisdiction over Counterclaims Limited for Lack of Standing

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Polaroid Corp. v. Acorn Capital Group (In re Polaroid Corp.), 420 B.R. 484 (Bankr. D. Minn. 11/23/09) (Kishel, J.). Case Summary: Bankruptcy Jurisdiction over Counterclaims Limited for Lack of Standing The Polaroid plaintiffs, as…

Section 546(A) is a Statute of Limitations and is Not Jurisdictional

Section 546(A) is a Statute of Limitations and is Not Jurisdictional

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…

State Court Interpreted Sale Order and Refuses to Reopen Case

State Court Interpreted Sale Order and Refuses to Reopen Case

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Mid-City Bank v. Skyline Woods Homeowners Assoc. (In re Skyline Woods Country Club, LLC), 431 B.R. 830 (B.A.P. 8th Cir. (Neb.) 6/17/10) (Venters, J.). Case Summary: Court Refuses to Reopen Case Where State Court…

Court Refuses to Reopen Case

Court Refuses to Reopen Case

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Minnesota Bankruptcy Case: Court Refuses to Reopen Case Where State Court has Interpreted Sale Order Mid-City Bank v. Skyline Woods Homeowners Assoc. (In re Skyline Woods Country Club, LLC), 431 B.R. 830 (B.A.P. 8th…

Appeal from Sale Free and Clear Solely to Preserve Lien is Moot

Appeal from Sale Free and Clear Solely to Preserve Lien is Moot

The following is a summary of a Minnesota bankruptcy case or a case relevant to Minnesota bankruptcy law. Minnesota Bankruptcy Case: Asset Based Research Group, LLC v. United States Trustee (In re Polaroid Corporation), 611 F.3d 438 (8th Cir. (Minn.) 7/9/10) (per curiam). Case Summary: Appeal from Sale Free and Clear Solely to Preserve Lien…

Filing Bankruptcy in Minnesota: The Documents and Procedures

Filing Bankruptcy in Minnesota: The Documents and Procedures

Bankruptcy filings are far from uncommon in today’s economy. Many, many Americans are finding themselves under mountains of debt with interest rates and late penalties piling up on principle, making repayment an impossibility. Bankruptcy may provide an avenue for relief. The United States Bankruptcy Code was intended to help honest people, who have made honest…

Minnesota Bankruptcy Time Limits: Limitations on Second Filings

Minnesota Bankruptcy Time Limits: Limitations on Second Filings

The Bankruptcy Code and courts provide several different avenues for relief from debt through bankruptcy. Each avenue provides a different result, or a different type of relief. For some, only a restructuring or reorganization is needed. Others need entire debts extinguished in order to begin fresh. In addition to differences in relief, there are also…