Articles

bankruptcy rule 2004

What Is Bankruptcy Rule 2004?

If issues arise in a bankruptcy case that necessitate further inquiry, Bankruptcy Rule 2004 of the Federal Rules of Bankruptcy Procedure establishes a specific process for obtaining evidence. The process is referred to as a Rule 2004 examination, in… Read More
Categories: Bankruptcy, Litigation
dying without a will

What Happens if Someone Dies Without a Will in Minnesota?

A Last Will and Testament, commonly referred to as a will, is a legal document in which a person makes important decisions about what happens when they pass away. A will typically distributes the property of the estate, designates a person to adminis… Read More
Categories: Probate
bankruptcy petition

What Is the Automatic Stay in Bankruptcy?

The automatic stay provisions in the federal Bankruptcy Code provide immediate protection from creditors when a debtor files a petition for bankruptcy under Chapter 7 or Chapter 13. However, the law includes exceptions to the stay, and a creditor can… Read More
Categories: Bankruptcy
negotiation between attorneys

Mediation in Minnesota Bankruptcy Cases

When an adversary proceeding or contested matter occurs in a bankruptcy case, lawyers for the parties sometimes can negotiate a settlement to avoid having the bankruptcy court decide the dispute. If the parties cannot agree, mediation may be an optio… Read More
Categories: Bankruptcy
Lawyer and client

Can You Contest a Settlement Agreement in a Bankruptcy Case?

If a negotiated settlement agreement occurs in bankruptcy litigation, the Rules of Bankruptcy Procedure require the trustee to notify creditors and others of the proposed settlement. The bankruptcy court then holds a hearing and approves or denies th… Read More
Categories: Bankruptcy
Trust

Decanting Assets of an Irrevocable Trust in Minnesota

In common usage, decanting refers to pouring the contents of one container into another vessel. In the Minnesota Trust Code revisions that took effect 2016, trust decanting has an analogous meaning. It refers to moving assets from one irrevocable tru… Read More
Categories: Litigation, Probate
U.S. Bankruptcy Court

Creditors’ Rights in a Bankruptcy Case

The United States Bankruptcy Code provides creditors’ rights in a bankruptcy case. Enforcing those rights requires moving expeditiously when a creditor becomes aware of the debtor’s bankruptcy petition. In some circumstances, a creditor may need… Read More
Categories: Bankruptcy
Bankruptcy Court.

Bankruptcy Court Jurisdiction Over Litigation

Bankruptcy court jurisdiction extends beyond litigation arising as adversary proceedings in the bankruptcy case itself. However, there are limits on the extent of that jurisdiction. Questions regarding the jurisdiction of bankruptcy courts often rais… Read More
Categories: Bankruptcy, Litigation
receiving check

Award of Attorney’s Fees in Minnesota Estate Litigation

Under a Minnesota statute, a personal representative, nominee, or other interested person may receive reimbursement from an estate for attorney’s fees and other expenses relating to estate litigation, if certain criteria are met. Courts construe th… Read More
Categories: Litigation, Probate
Symbols of law in court library with judge gavel

Bankruptcy Clawback Cases: Financial Institution Safe Harbor Provision

In a 2018 decision, the Supreme Court of the United States settled a difference of opinion among federal circuit courts of appeal about interpretation of § 546(e) in the U.S. Bankruptcy Code. That section includes a safe harbor provision relating to… Read More
Categories: Bankruptcy, Litigation