Articles
Can You Contest a Settlement Agreement in a Bankruptcy Case?
March 1st, 2021
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…
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Categories: Bankruptcy
Decanting Assets of an Irrevocable Trust in Minnesota
February 10th, 2021
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…
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Creditors’ Rights in a Bankruptcy Case
January 4th, 2021
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…
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Categories: Bankruptcy
Bankruptcy Court Jurisdiction Over Litigation
December 1st, 2020
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…
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Award of Attorney’s Fees in Minnesota Estate Litigation
November 9th, 2020
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…
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Bankruptcy Clawback Cases: Financial Institution Safe Harbor Provision
October 5th, 2020
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…
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What Constitutes Trustee Breach of the Duty of Loyalty?
September 24th, 2020
A trustee’s responsibilities in managing a trust include the duty of loyalty imposed by Minnesota law. Breach of the duty subjects a trustee to litigation, including potential removal as trustee. To shed light on how a court may consider allegation…
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Estate Litigation: Authority of a Personal Representative to Settle Claims
August 19th, 2020
The Minnesota Probate Code imposes substantial duties and authority on the personal representative of an estate, among them the ability “satisfy and settle claims.” Occasionally, exercise of that authority leads to a court challenge questioning t…
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What Is the Difference Between an Adversary Proceeding and a Contested Matter in a Bankruptcy Case?
July 6th, 2020
While most bankruptcy cases proceed smoothly from start to finish, some cases require bankruptcy court proceedings to determine issues relating to the bankruptcy case. Adversary proceedings and contested matters are the two types of bankruptcy litiga…
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What Constitutes Breach of Fiduciary Duty By a Trustee?
June 8th, 2020
The Minnesota Trust Code, found in Chapter 501C of the Minnesota Statutes, imposes specific fiduciary duties on a trustee. If a trustee breaches any of those duties, a court may grant relief to a person who suffers harm. In determining whether a trus…
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