Articles
Intentional Wrongdoing as the Basis for Nondischargeability in Bankruptcy
April 7th, 2022
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…
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Debtors’ Rights in a Bankruptcy Case
March 7th, 2022
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…
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Categories: Bankruptcy
Equitable Mootness Doctrine in Minnesota Bankruptcy Appeals
February 7th, 2022
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…
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Categories: Bankruptcy
Prince’s Estate Tax Dispute: Why Asset Valuation Matters
January 4th, 2022
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…
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Unfair Inheritance: Challenging a Will in Probate Court
December 8th, 2021
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…
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Why You Should Be Honest with Bankruptcy Court
November 17th, 2021
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…
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Categories: Bankruptcy
Britney Spears Conservatorship: Probate Litigation to Fight Abuse
October 6th, 2021
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…
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How Does Minnesota Probate Court Handle Evidence in Lieu of the Dead Man’s Statute?
September 17th, 2021
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…
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Categories: Litigation
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…
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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…
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