» Bankruptcy

2 bankruptcy attorneys discussing the validity of a lift stay motion.

When Can a Creditor Use a Lift Stay Motion?

A lift stay motion, also referred to as a motion for relief from automatic stay, is a crucial tool creditors may use in Chapter 7, 11, or 13 bankruptcy cases. It asks the court for permission to continue certain collections actions against the debtor… Read More
Categories: Bankruptcy
bankruptcy litigation lawyers signing a contract.

When a Creditor Should Hire a Bankruptcy Litigation Lawyer

Bankruptcy litigation is a complex area of law with its own rules, procedures, and regulations. Although it isn’t mandatory to have legal representation in order to file a bankruptcy case to pursue a debt as a creditor, hiring experienced counsel c… Read More
Categories: Bankruptcy
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
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
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
bankruptcy petition

What Is the Automatic Stay in Bankruptcy?

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
negotiation between attorneys

Mediation in Minnesota Bankruptcy Cases

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