Articles

courtroom trial concept

Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy

A debtor who files a petition for bankruptcy expects that certain debts will be discharged at the conclusion of the process. However, complex provisions of the U.S. Bankruptcy Code provide numerous exceptions to dischargeability. Several of those exc… Read More
Categories: Bankruptcy, Litigation
two business men meeting

Debtors’ Rights in a Bankruptcy Case

Bankruptcy is a legal process that enables a debtor to have some types of debts discharged, which relieves the debtor of liability for the debts and prohibits creditor collection efforts. When a debtor files a petition for bankruptcy, federal laws an… Read More
Categories: Bankruptcy
Equitable Mootness

Equitable Mootness Doctrine in Minnesota Bankruptcy Appeals

A recent decision by the United States Court of Appeals for the Eighth Circuit limits application of the doctrine of equitable mootness in appellate review of Chapter 11 bankruptcy cases in the Eighth Circuit, which includes Minnesota. The standard a… Read More
Categories: Bankruptcy
Calculator and pencil

Prince’s Estate Tax Dispute: Why Asset Valuation Matters

The multi-talented American singer-songwriter Prince was born and raised in Minnesota and lived just outside Minneapolis when he died in 2016 at the age of 57. His estate created one of most complex probate court proceedings in Minnesota history. Amo… Read More
Categories: Bankruptcy, Probate
Unfair Inheritance: Contesting a Will

Unfair Inheritance: Challenging a Will in Probate Court

Family members sometimes feel disappointment in how they are treated in a loved one’s estate. But dissatisfaction of a beneficiary or a person omitted from a Last Will and Testament is not a sufficient legal basis for contesting a will in probate c… Read More
Categories: Litigation, Probate
Why You Should Be Honest…

Why You Should Be Honest with Bankruptcy Court

The District of Columbia Court of Appeals recently affirmed dismissal of a $10 million medical malpractice lawsuit, based on the plaintiffs’ failure to disclose the case as a potential asset in their bankruptcy case. While the decision is not bindi… Read More
Categories: Bankruptcy
britney spears star

Britney Spears Conservatorship: Probate Litigation to Fight Abuse

The 13-year saga of the Britney Spears conservatorship case has recently drawn increased news and social media scrutiny, due to Britney’s legal efforts to end the conservatorship. Coverage of the probate litigation focuses attention on conservators… Read More
Categories: Litigation, Probate
dead man's statute

How Does Minnesota Probate Court Handle Evidence in Lieu of the Dead Man’s Statute?

In probate and estate litigation, parties often wish to present evidence relating to communications with a decedent whose estate is the subject of the court action. Some states have laws known as dead man’s statutes that prohibit witnesses from tes… Read More
Categories: Litigation
Statue of justice

Litigation: The Power of Process

The American civil court system provides individuals, businesses, and other entities with an exceedingly effective way to end disputes. The orderly litigation process provides a framework with the power to resolve irreconcilable conflicts when the pa… Read More
Categories: Litigation
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