5 Common Types of Adversary Proceedings in Bankruptcy Cases
August 1st, 2019
In some bankruptcy cases, issues arise that require a bankruptcy court proceeding separate from the bankruptcy itself. These actions, called adversary proceedings, are a type of bankruptcy litigation. They take place as an independent legal action wi…
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When Can Minnesota Court Remove the Personal Representative of an Estate?
July 3rd, 2019
The personal representative of an estate collects and distributes the property of a person who passed away. Most of the time, no issues arise during administration of the estate. But what happens if that person mishandles the estate? In specific circ…
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Minnesota Court Review of Misconduct by an Agent under a Power of Attorney
June 7th, 2019
In creating a power of attorney, the principal gives an agent (also called an attorney-in-fact) authority to act on his or her behalf. Regrettably, agents sometimes abuse that authority. Fortunately, Minnesota courts have authority to address situati…
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5 Things To Consider Before Suing a Family Member Over an Estate Dispute
May 9th, 2019
The news media often includes stories about family fights over estates, but disputes over inheritances are not limited to high-profile families. Estate litigation frequently involves a family member suing a close relative. If you are thinking about s…
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How Does Bankruptcy Litigation Affect a Bankruptcy Case?
May 2nd, 2019
If issues arise about property or debts during a bankruptcy case, the bankruptcy trustee, a creditor, or the debtor may file an adversary proceeding. These proceedings are bankruptcy litigation and constitute court actions separate from the bankruptc…
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Power of Attorney Litigation in Minnesota
March 7th, 2019
If an agent or attorney-in-fact under a power of attorney wrongfully obtains the document, abuses the authority granted, or violates the terms of the power of attorney, the principal or another interested person authorized can file a petition in prob…
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Avoidable Preference Litigation in Bankruptcy Cases
February 21st, 2019
The United States Bankruptcy Code includes a provision relating to avoidable preferences. The statutory provision authorizes the bankruptcy trustee to recoup — or “clawback” — certain payments made to creditors within the period preceding fil…
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What Is the Time Limit for Challenging the Validity of a Revocable Trust in Minnesota?
February 14th, 2019
Important revisions to the Minnesota Trust Code effective on January 1, 2016, include several provisions relating to revocable trusts. One of the most significant changes sets time limits for challenging a revocable trust. The provisions affect the r…
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Challenging a Will Based On Lack of Capacity of the Testator
October 30th, 2018
Several different reasons can support a challenge to a will, including undue influence, fraud, duress, and improper execution. Often, disappointed heirs or beneficiaries contest a will based on lack of capacity — but what does it mean when a petiti…
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Understanding Objections to Discharge in Bankruptcy
September 20th, 2018
When a debtor files for bankruptcy, many debts will be discharged when the bankruptcy is finalized. However, during the bankruptcy process, a creditor can file an objection to discharge of a specific debt. Filing an objection constitutes an adversary…
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