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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl J. Johnson, Hellmuth & Johnson, PLLC Jeffrey D. Klobucar, Bassford Remele, P.A.  Contributing Editor: Charles E. Nelson, Ballard Spahr, LLP Judge_Sanberg___Snyder_v__Dykes.pdf In Snyder v. Dykes (In re Dykes) , Adv. No. 17-4022-KHS (Bankr. D. Minn. Feb. 26, 2018), the Court denied the debtors’ discharge because the debtors failed to maintain records related to purchasing, selling, and trading valuable, collectable watches; could not account for the disposition of at least four of those watches valued at over $145,000; and knowingly failed to disclose transfers made for the benefit of the debtors' ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A.  Contributing Editor: Phillip J. Ashfield, Stinson Leonard Street, LLP BAP___United_States_v__Austin.pdf   In United States v. Austin , No. 17-6024, 2018 WL 1702742 (B.A.P. 8th Cir. Apr. 9, 2018), the Bankruptcy Appellate Panel reversed the bankruptcy court’s finding that the debtors had presented “substantial evidence” sufficient to overcome the prima facie validity of the IRS’s proof of claim. The debtors listed two worker’s compensation claims in their bankruptcy schedules, assigning $0.00 or “unknown value” to the claims. ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A.  Contributing Editor: Karl Johnson, Hellmuth & Johnson, PLLC Supreme_Court____U_S__Bank__N_A__v__Village_at_Lakeridge__LLC.pdf  In U.S. Bank Nat’l Assoc., Trustee, by and through CWCapital Asset Mgmt LLC v The Village at Lakeridge, LLC , ___ S.Ct. ____ (2018), the Supreme Court declares that the standard of review for a determination of non-statutory insider status under the Ninth Circuit’s “arm’s length” test is clear error. The Justices explicitly declined to endorse the Ninth Circuit's test.  The debtor owed $10 mm ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A.  Contributing Editor: Christopher Wilcox, Christensen Law Office, PLLC Eighth_Circuit___Allison_v__Centris_Federal_Credit_Union.pdf   In  Allison, et. al v. Centris Federal Credit Union , No. 16‑3923 (8th Cir. Mar. 29, 2018), the Eighth Circuit Court of Appeals determined that a successor bankruptcy judge did not exceed the BAP’s mandate on remand by re-visiting findings of fact that the BAP’s decision declined to resolve. The court further determined that the law-of-the-case doctrine did not require the successor judge to follow ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Ian Rubenstrunk, Winthrop & Weinstine, P.A. BAP___Dering_Pierson_Group_LLC_v__Kantos.pdf In In re Kantos for Cash Flow Management, Inc. , 579 B.R. 846 (B.A.P. 8th. Cir. 2018), the Bankruptcy Appellate Panel evaluated whether the bankruptcy court abused its discretion in finding that the plaintiff-creditor failed to establish willfulness or maliciousness under 11 U.S.C. § 523(a)(6). Plaintiff is a general contractor. The debtor worked for a debt collection company that prepared mechanic’s liens for clients ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Ben Gurstelle, Briggs and Morgan, P.A. Eighth_Circuit___Wigley_v__Wigley.pdf   In Wigley v. Wigley (In re Wigley) , No. 16-4075, 2018 WL 1525832 (8th Cir. Mar. 29, 2018), the Eighth Circuit considered whether a non-party to a bankruptcy proceeding has standing to appeal a bankruptcy court order that allows litigation to proceed against the non-party.   Prior to the bankruptcy case, a creditor sued the debtor for past-due and future accruing rent based on a personal guaranty. While the action ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Patrick Newman, Bassford Remele, P.A. Supreme_Court____Merit_Mgmt_Group__LP_v__FTI_Consulting__Inc_.pdf    In Merit Mgmt. Group, LP v. FTI Consulting, Inc. , __ U.S. __, 138 S. Ct. 883 (2018), the Supreme Court declared that the only relevant transfer for purposes of the trustee’s avoidance powers “is the transfer that the trustee seeks to avoid.” The fact that a transfer involves intermediate financial institutions does not implicate the financial settlement safe harbor of § 546(e) if the trustee seeks to ...
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Expert testimony is required in almost all professional malpractice cases.  But expert testimony is not offered in most lawyer discipline cases.  What explains this discrepancy?  Should experts testify more often in discipline cases? Experts may testify where they have “specialized knowledge that will assist the trier of fact to understand the evidence or to determine a fact in issue, . . ..”  Rule 702, Minn. R. Ev.  Except in rare and obvious cases, professional malpractice statutes and case law require expert affidavits and testimony.  Malpractice cases that are not settled are usually tried to juries.  Lay persons need help in learning professional practices ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Jackie Williams, Manty & Associates, P.A. BAP___Zahn_Law_Firm_P_A__v__Baker.pdf In Zahn Law Firm, P.A. v. Ronald Stuart Baker (In re Baker) , No. 17-6015 (B.A.P. 8th Cir. Nov. 16, 2017), the bankruptcy appellate panel considered whether the bankruptcy court abused its discretion by remanding a case to state court. Prior to filing, a law firm brought an action against the debtor in state court, alleging breach of contract and account stated. The debtor filed a counterclaim, alleging the representation ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Mary Sieling, Manty & Associates, P.A. MN_Court_of_Appeals____Forster_v__Theis.pdf   In Forster v Theis et al ., No. 86-CV-15-4902 (Minn. Ct. App. Dec. 18, 2017), the Minnesota Court of Appeals found the Minnesota state court had subject-matter jurisdiction to consider an unsecured creditor’s fraudulent transfer action because the bankruptcy action was closed and the bankruptcy trustee did not reopen the bankruptcy case to pursue the voidance action.  Plaintiffs successfully objected to discharge of ...
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​ BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: James Brand, Fredrikson & Byron, P.A. BAP___CRP_Holdings__A-1__LLC_v__OSullivan.pdf In O’Sullivan v CRP Holdings, A-1, LLC , No. 17-6012 (8th Cir. B.A.P. Sept. 22, 2017), the Eighth Circuit Bankruptcy Appellate Panel came down strongly in favor of protecting a debtor’s fresh start.  It held that a creditor’s docketed judgment created a judicial lien on the debtor’s interest in his exempt homestead, even though such lien was not presently enforceable against the property under Missouri law; as ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Sarah Olson, Fredrikson & Byron, P.A. Judge_Ridgway___Velde_v__Thiel.pdf ​ In Velde v. Thiel (In re Thiel) , No. 15‑60071 (Bankr. D. Minn. Jan. 23, 2018), the bankruptcy court revoked a chapter 7 debtor’s discharge, pursuant to 11 U.S.C. § 727(d)(2), for knowingly and fraudulently failing to surrender to the chapter 7 trustee tax refunds for post-petition wages. Initially, the trustee filed a motion under § 542(a) for turnover of the tax refunds, but the debtor had spent all of the refunds. The court ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Hellmuth & Johnson, PLLC Jeffrey Klobucar, Bassford Remele, P.A. Contributing Editor: Amanda Schlitz, Eckberg Lammers, P.C.   BAP___Piccinino_v__U_S__Dept__of_Education.pdf ​ In Piccinino v. U.S. Dep’t of Educ. (In re Piccinino) , No. 17-6022 (8th Cir. BAP Dec. 7, 2017), the BAP affirmed the bankruptcy court’s finding that repayment of student loans would not constitute undue hardship because, among other reasons, the debtor’s underemployment was partly self-imposed and debtor could afford income-based repayments of $0.00 per month.  Student loans can be discharged in bankruptcy only when ...
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This blog discusses selected issues in knowledge management in the field of legal ethics.  The main reason for choosing this topic is that the primary current objective of the Lawyers Board (LPRB) and the Office of Lawyers Professional Responsibility (OLPR) is to develop a strategic plan.  A formal report describing the plan is scheduled to be presented to the Board at its April 27 meeting.  The meeting is open to the public. The plan includes knowledge management.  This blog offers some observations and suggestions. Another reason for this topic is that it is the season for annual updates to my two ethics EBooks.  Dealing With and Defending Complaints addresses ...
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When may a lawyer use information from a prior representation against the former client? Rule 1.9(c)(1), R. Prof. Conduct, provides that a lawyer may not, “use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client, or when the information has become generally known.” New ABA Formal Opinion 479 addresses the “generally known” exception. Op. 479 is of limited use because it does not address three important topics: (1) the “stock-in-trade” exception; (2) the Restatement permission for readily available public records; and (3) the “except as these rules permit” ...
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This week, I count 34 MN Legal Events including a benefit for Lawyer's Concerned for Lawyers featuring Daphne Willis. I'm told Ms. Willis has a following among the local legal community. She'll be at Mitchell Hamline on Friday eve. Here's the fully-searchable calendar.  And here are this week's events: Monday,  Jan 22, 2018 9:00am - 4:30pm, Real Property Law in Minnesota - Minnesota CLE Conference Center  9:00am - 12:15pm, Health Care Directives - How to Counsel and Draft with the Health Care Provider in Mind - Minnesota CLE Conference Center  1:00pm - 4:15pm, Financial Exploitation of the Elderly – How to Protect ...
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I count 28 MN legal events this week. Here's the pdf list of this week's events:  minnesota-legal-events-2018-01-15-15-22-20.pdf .  Here's the link to the full calendar. Find me this week at Minnesota CLE's New Lawyer Experience,1/18 and 19. I look forward to talking with new lawyers about how they might make the most of their membership.  This week's events: Mon Jan 15 USA: Martin Luther King Jr. Day  Tue Jan 16 9:00am -  12:30pm -  Cradle to Grave – 6 Ethics Watersheds Over the Life of Client Files,  Minnesota CLE Conference Center 11:30am -  12:30pm -  New Lawyers | Section Meeting - HCBA Offices (HCBA) 12:00pm -  1:00pm ...
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Minnesota NAELA Chapter

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Dear Section Members: If you are a member of the National Academy of Elder Law Attorneys (NAELA) and interested in joining the new Minnesota Chapter, please join us at our initial Minnesota chapter meeting!  If you are not yet a NAELA member, but have been on the fence, now is the time to join!  We look forward to working closely with other NAELA Minnesota members to promote elder law advocacy, lobby for legislative changes, provide CLE and educational resources for members, and for networking opportunities within the state! Initial MN NAELA Chapter Meeting January 18, 2018 3:00 p.m. The meeting will be held at: Chestnut Cambronne PA 17 Washington ...
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This week, the Minnesota Opera co-hosts a free event at Mitchell Hamline on 1/10:  Justice, Redemption, and Empathy: The Opera of Dead Man Walking . Interestingly, I haven't seen marketing material promote CLE credits but the Board's website has it approved for 1 standard credit (event code: 251448). There's loads of of other interesting events happening this week. I count 35 MN legal events.  The MSBA Computer and Tech Section holds a roundtable tomorrow on data analytics and the Minnesota judiciary . True geeks can check out MN County Attorney's Association overview of statutory construction on Wednesday.  Search and view the full calendar here .  ...
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MSBA ELDER LAW SECTION E-NEWSLETTER December 4, 2017   Vol. 9, No. 36 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors:  Julian Zweber NEWSLETTER HIGHLIGHTS Sponsored by the Elder Law Section:   Working with Muslim and Somali Clients: A CLE on Islamic Wills and Cultural Competency with Somali Clients There are more Somali immigrants in Minnesota than in any other state.  The number of Somali attorneys is growing, but is still very small (for the time being). There is a burgeoning need for culturally ...
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