Articles
Litigation: The Power of Process
August 19th, 2021
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
What Is Bankruptcy Rule 2004?
July 7th, 2021
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
What Happens if Someone Dies Without a Will in Minnesota?
June 3rd, 2021
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
What Is the Automatic Stay in Bankruptcy?
May 11th, 2021
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
Mediation in Minnesota Bankruptcy Cases
April 1st, 2021
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
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
