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…
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…
Minnesota’s Uniform Voidable Transactions Act was formerly known as the Minnesota Uniform Transfer Act (MUFTA). MUFTA was Minnesota’s adoption of the Uniform Fraudulent Transfer Act (UFTA). MUFTA was codified in Minnesota Statute’s § 513.41 – 513.51. When the Minnesota Legislature adopted MUFTA, it was nearly identical to the Uniform Act itself. While the first version…
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…
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…
It is not uncommon for someone to find themselves facing a large amount of debt. Credit card bills happen. Medical bills happen. But what happens when all of a sudden the amount of debt becomes overwhelming and creditors are starting to come after you? It is important to fully understand some of the options that…
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 you are overwhelmed with debt, consider…
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 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…
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…
Let’s face it, bankruptcy laws are confusing. To figure out if bankruptcy is a good option for you, you should obtain a free 20-minute analysis from a Minnesota bankruptcy lawyer. The process is simple. Most Minnesota bankruptcy attorneys will do an initial meeting with you for free. What will be done during the free bankruptcy…
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…
If you plan to file for a Chapter 7 bankruptcy in Minnesota, you will need to get credit counseling from a government-approved organization in Minnesota within 180 days before you file for bankruptcy. You also must complete a debtor education course to have your debts discharged. A bankruptcy attorney can help explain this process. The…
Under Minnesota and federal bankruptcy law, there are a few types of debts that you cannot escape by filing for bankruptcy. Some Tax Debt – IRS and Minnesota Department of Revenue You cannot discharge some tax debt in bankruptcy. If you owe a debt to the IRS or the Minnesota Department of Revenue for income…
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…
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….
When you meet with a Minnesota bankruptcy attorney to begin filing for bankruptcy, there are a number of documents that you must provide. Providing these documents is required by the law. It can be frustrating having to gather and organize these documents. The basis behind the law is for these reasons: there should be adequate…
There are a number of reasons that a Minnesota bankruptcy attorney may advise you to get a Chapter 13 bankruptcy rather than a Chapter 7 bankruptcy. Here are a few examples of where filing under Chapter 13 is preferable over filing under Chapter 7: You do not qualify for a Chapter 7 bankruptcy because you…
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…
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…
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: 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…
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…
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 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…
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…
The idea behind filing for bankruptcy is a desire in the law to help individuals and businesses too far in debt catch up or get a fresh start. If you don’t file the right type of bankruptcy, or make errors during the process, you may not get the fresh start you were searching for. Choosing…
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…
