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BANKRUPTCY BULLETIN Contributing Editors: Yuka Shiotani, Taft ; Karl J. Johnson, Taft ; Kesha Tanabe, Tanabe Law The Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020.  The Act provides COVID-19 relief to small business debtors by modifying their obligations under 11 U.S.C. §§ 365(d)(3) -(4).  Many states have suspended the collection of rent, or at least prohibited landlords from exercising remedies for failure to pay rent, in response to COVID-19. By contrast, Section 365(d)(3) generally requires a debtor to perform all post-petition obligations under commercial leases within 60 days of filing for bankruptcy. ...
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BANKRUPTCY BULLETIN Contributing Editor: Karl J. Johnson, Taft In Lund-Ross Constructors, Inc. v. Buchanan (In re Buchanan) , 626 B.R. 520 (B.A.P. 8th Cir. Apr. 2, 2021) , the Bankruptcy Appellate Panel for the Eighth Circuit affirmed the bankruptcy court’s grant of summary judgment in an adversary proceeding for exception to discharge on the basis that the plaintiff failed to establish that the debtors owed a debt to the plaintiff. One judge on the panel dissented. In their schedule F, the debtors listed the plaintiff as asserting a disputed claim based on obligations of the debtors’ company. The plaintiff had obtained default judgment in state court ...
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BANKRUPTCY BULLETIN Contributing Editor: Karl J. Johnson, Taft In Iowa Department of Revenue v DeVries (In re DeVries) , 621 B.R. 445 (B.A.P. 8th Cir. Nov. 25, 2020) , the Bankruptcy Appellate Panel held that the bankruptcy court misapplied 11 U.S.C. § 1232 when it confirmed a chapter 12 plan that included a provision stating that the taxing authorities should “refund the overpayment of 2017 income taxes” attributable to capital gains taxes. In 2017, the debtors sold farmland and machinery, incurring substantial capital gains taxes. The tax liability was reduced by the joint debtor’s payroll tax withholding. In 2019, the debtors filed a petition under ...
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BANKRUPTCY BULLETIN Contributing Editor: Karl J. Johnson, Taft In In re Nascene , No. 20-41025, 2020 WL 6875946, slip op. (Bankr. D. Minn. October 8, 2020) (Ridgway, C.J.) , the bankruptcy court held that wages exempt from garnishment under Minn. Stat. § 550.37, subd. 13 are, under the plain language of the statue, exempt regardless of whether held in a financial institution or as cash. About a week before filing his bankruptcy petition, the debtor received $500 in wages and deposited it in to a checking account. The day before filing the petition, the debtor withdrew $200 in cash. After the meeting of creditors, the debtor amended his schedules to ...
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In the previous post , we provided a basic overview of both the Civil Service Retirement System (“CSRS”) and the Federal Employees Retirement System (“FERS”). The post addressed the CSRS and FERS eligibility requirements, benefit formulas, annuity types, and the requirements for completing a court order acceptable for processing (“COAP”) to apportion the employee’s benefits. This installment will expand on aspects of CSRS and FERS by tackling disability, death and survivorship, and some more of the plans’ default positions. Disability Federal employees who are covered under CSRS and FERS may become eligible to receive a disability annuity. Therefore, ...
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Committing a crime can get you into a lot of trouble, but tampering with evidence is another crime as it destroys or changes the evidence there is in the hopes that the tampering will affect the outcome of a criminal investigation, Intentional police interference Tampering with evidence is bad enough when it’s civilians but when it’s one of the law enforcement officers involved with intentional interference with an investigation, it’s a serious criminal offense. Police brutality lawyers have seen this kind of crime where evidence is altered, destroyed, or falsified, affecting the outcome of a law enforcement investigation.  Police will lie and ...
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Starting a new CPA firm is never easy, but the rewards are great when it gets off the ground. Trying to make it in the big cities is a much harder challenge than trying to get rooted in a small city or town.  Most big cities have massive firms that are well-established and work with large volumes. Small city firms do not have this problem as you only need to find a spot that is not overcrowded with CPA firms.  Define your target audience The great thing about small firms is that they can be highly specialized and in small cities, this counts for a lot. In this case, you must do a bit of research and see which firms are tackling which fields. Some ...
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You may be at home looking after your children but still have a desire to further your education. Fortunately, this is possible today as you can further your education online.  While going to a conventional classroom is probably impossible for you as a mom, it is possible for you to learn online from your own home at a pace and time that’s convenient for you. All you need is dedication, perseverance and the ability to manage your time.  You have many programs to choose from With so many online programs to choose from, you are virtually unlimited in your choice. You may just want to refresh your skills or learn a completely new discipline. Online learning ...
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Being involved in an accident that wasn’t your fault and has caused you physical, emotional or financial damage is never an easy thing to handle. The pain and confusion that these unpleasant events usually bring along make it difficult for the victims to think clearly and take the necessary measures to protect themselves from further loss. But the steps you take immediately after an accident are crucial for ensuring a proper recovery and long-term wellbeing. That’s why working with the right personal injury lawyer can make life infinitely easier for you if you’ve found yourself in such a situation. Here’s how a personal injury lawyer can help.   Vast experience ...
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Some students do not get placed through campus interviews even after attending a bunch of them diligently. Stop worrying because life does not end with a college campus, and the world is full of exciting opportunities to explore.  The campus interviewers’ rejection can be a boon for some students who hate a desk job, love the outdoors, and passion for various things. There are plenty of options to research and build a career, and here is a list of the top five opportunities.  Become an executive security  It is a dream for many college students to enter the corporate world, and becoming executive security is an excellent opportunity to do that. It ...
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Although the legal profession is more closely associated with tradition than innovation, it’s not immune to the same technological advancements that have affected every other sector. After all, technology is the engine that propels society forward. Laws schools are adapting to these changes and are trying to prepare their students as well by introducing them to disciplines beyond law, such as business and engineering, sectors where working as a lawyer is extremely lucrative. To succeed, the lawyers of tomorrow will need to be far more versatile than those of the past. By giving them a chance to learn about other disciplines, schools are also providing ...
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BANKRUPTCY BULLETIN Contributing Editor: Kenneth Edstrom, Sapientia Law Group In Luebbert v. Global Control Sys., Inc. (In re Luebbert) , 987 F.3d 771 (8th Cir. Feb. 9, 2021) , the Eighth Circuit held that a breach of contract debt could be excepted from discharge, under the “willful and malicious injury” provision of 11 U.S.C. § 523(a)(6), if “the debtor’s conduct accompanying the breach of contract amounted to an intentional tort against the creditor.” Id. at 782 (emphasis added). The debtor engaged in significant acts of deception in connection with his employment by hiding the fact that he had started a new company bidding on the same contracts ...
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Thousands of couples head to the divorce courts each year, many not realizing the devastating effect it can have on the children. Divorce affects kids badly, so when you know that divorce is inevitable, start mentally preparing your kids to soften the blow.  Specializing in all aspects of divorce  To a child, the loss of their family life and perhaps the disappearance of a parent can be incredibly traumatic. Apart from coping with the break up of family life, there are psychological consequences too.   Child support mediation has many lasting benefits for a child and a reduction of anxiety as well as being able to grasp what the divorce is all ...
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Nobody who doesn’t have a disability can understand the discrimination that people with physical or mental conditions face every day. Even if these people are able to carry out normal day-to-day activities, they’re often treated as 2nd rate citizens, but they do have legal rights.   Consult with employment attorneys   Are you being treated differently at work because of your disability? Disability discrimination can occur in different ways but PA Employment Attorney from the Lacy Law Firm know too well that discrimination in the workplace is illegal.    If you’ve tried to speak to your employer and they’ve ignored you, you can file ...
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The word accident means an unexpected event that causes injury or harm. Many people take that to mean that no one is at fault when an accident occurs. This is not strictly correct. As a primary example, vehicular accidents seldom happen without at least one operator being at fault for disobeying traffic regulations. Road accidents are among the leading causes of injuries in America, with many people experiencing life-altering wounds, prolonged hospital stays, and mounting medical bills. Here are some of the common causes of vehicular accidents: Driving while intoxicated Many people are comfortable getting behind the wheel when they have had a few ...
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Almost every business has an online presence today. However, not enough are paying attention to how disabled people use their website. There are over 400 million websites active on the internet as of 2020, and any of those that conduct business in the U.S. must make their website accessible to all people according to the Americans with Disabilities Act Title III.  Why Web Accessibility?  A website that is not ADA compliant can grow to become a source of missed opportunities and problems for businesses. It can be easy to underestimate just how massive the number of people who rely on accessibility features to make use of websites. According to the CDC, ...
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If you have been injured either physically or psychologically as a result of negligence by your employer, you need an expert in tort law to pursue your claim. You have a right to demand compensation for medical bills, lost income, and other damages.  Most likely, you may never have filed a personal injury claim before. However, without careful attention to detail and other procedural requirements, you may end up failing to get any compensation or recovering less compensation than you deserve.  Many clients have lost claims entirely due to poorly prepared claims and lack of proper negotiations with the employers or insurance team of lawyers.  So how ...
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The federal government has two defined benefit plans, the Civil Service Retirement System (“CSRS”) and the Federal Employees Retirement System (“FERS”). Federal employees may participate in either CSRS or FERS, in addition to the Thrift Savings Plan (“TSP”), the federal government’s defined contribution plan. CSRS, FERS, and TSP are all exempt from ERISA; therefore, special attention is required when dividing these plans during a divorce. This post will provide a basic overview of the CSRS and FERS eligibility requirements, benefit formulas, annuity types, and the requirements for completing a court order acceptable for processing (“COAP”) to apportion the ...
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There are thousands of miles of roads in Minnesota. Over three million drivers use these roads, each putting in an average of 10,000 miles per year. This leads to thousands of accidents every year, some of which involve serious injuries or death. Having car insurance is both a legal obligation and common sense.  If you have the right policy, car insurance will protect you from the financial implications of an accident. However, many people don’t have a clear understanding of what their car insurance policy covers. They also don’t know how to navigate the system and have trouble choosing between coverage options, as well as filing or settling claims.  ...
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Deadline to Appeal: Clock Starts Ticking Upon Entry of Order, Not Date When Notice is Received by Mail Contributing Editors: Alex Beeby, Karl Johnson, and Kesha Tanabe    In Reichel v. Snyder (In re Reichel) , No. 21-6005, 2021 WL 1326831 (B.A.P. 8 th Cir. April 2, 2021), the Eighth Circuit Bankruptcy Appellate Panel applied the plain language of Rules 8002(a)(1) and 9022(a) to hold that an appeal was untimely when filed more than 14 days after entry of the order. In his notice of appeal, the pro se appellant argued his notice was timely because it was filed less than 14 days after he received notice of the order via U.S. mail. The BAP rejected his ...
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