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BANKRUPTCY BULLETIN Contributing Editor: Lauren O'Neil Funseth , Lathrop GPM LLP In In re Benitez, 611 B.R. 106 (B.A.P. 8th Cir. 2020) , the United States Bankruptcy Appellate Panel for the Eighth Circuit (“B.A.P”) dismissed a debtor’s chapter 13 case as void, determining that it violated the automatic stay in the debtor’s pending chapter 7 case. In 2017, the debtor filed a voluntary petition under chapter 7. A secured creditor moved for relief from the automatic stay with respect to certain real property in which the debtor held an interest. The bankruptcy court granted the motion and subsequently denied a later request made by the debtor for reconsideration ...
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BANKRUPTCY BULLETIN Contributing Editor: Kenneth M. McGurran , Winthrop & Weinstine In  Briggs v. Rendlen ( In re Reed ), 943 F.3d 849 (8th Cir. 2019) , the Eighth Circuit held as valid a local bankruptcy rule in Missouri requiring a separate notice of appeal and a separate filing fee for each order being appealed, but also held that noncompliance should not have resulted in automatic dismissal. An attorney was sanctioned and banned from practicing before the bankruptcy court for six months. A few years later, the attorney filed two motions relating to this ban, both of which were denied. The attorney timely filed a single notice of appeal to the ...
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BANKRUPTCY BULLETIN Contributing Editors: Kesha Tanabe, Tanabe Law & Alexander M. Landreville, University of St. Thomas Law Lerbakken v. Sieloff & Assocs., P.A. , 949 F.3d 432 (8th Cir. 2020) Prior to the petition date, a Minnesota state court awarded the debtor a marital interest in his ex-wife’s 401(k) and IRA, but the debtor never filed a Qualified Domestic Relations Order, the ex-wife’s accounts were not renamed, and no funds were transferred from the ex-wife’s accounts into an account under the debtor’s own name.  Several months later, the debtor filed a Chapter 7 bankruptcy petition and claimed an exemption for his interest in both the ...
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Greetings colleagues. The MSBA's Civil Litigation Section has summarized the Court's emergency scheduling orders. A copy of their pdf is available in the MSBA practicelaw library. The full text is reproduced below.  EMERGENCY CIVIL SCHEDULING ORDERS The Minnesota Supreme Court has issued several orders concerning ongoing court operations given Governor Walz’ March 13, 2020 declaration of a peacetime emergency. Individual state court districts also have issued orders concerning their ongoing court operations. Civil practitioners may have questions concerning the impact of these orders, and which matters will and will not proceed. The following is a summary ...
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    If you have a court case scheduled in the next few weeks, you are probably wondering how the coronavirus pandemic is going to affect your hearing.  The short answer is that it depends on whether you have a hearing in state court or federal court. Here is what we know so far: The Minnesota Supreme Court issued an order about court operations during the coronavirus pandemic. You can read the order for yourselves, but it basically says that trials already in progress where a jury is already empaneled will continue until conclusion.  However, no new jury trials – for ...
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  Many attorneys and law firms are wondering how they can best serve their clients during the COVID 19 pandemic .  The answer, I think, lies in not having to be in a particular place in order to work, and making full use of Internet and cloud-based resources.  I take comfort in the fact that I know I can work from anywhere. For example, last year, my family and I were on vacation in London, but I was still able to respond to client communications, even when I was across the ocean, and on another continent. Every piece of paper that comes into my office gets scanned ...
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Good morning. Five days ago hardly anyone imagined that Minnesota would be in full coronavirus reaction mode by the end of the week. Yet this morning in Minneapolis, where the bar association offices are located, the freeway and skyway traffic was barely half that of a normal Friday, and the only sure thing at this point is that by Monday, it will be lighter still. As law firms and other organizations scramble to accommodate the demands of public health while managing to keep the lights on, we’re offering up this special edition of Legal News Digest to help you in the process. ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Taft Stettinius & Hollister LLP Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editor: Karl Johnson, Taft Stettinius & Hollister LLP SCOTUS_Archdiocese_of_PR_v_Acevedo_Feliciano_18-921_2cp3.pdf In Roman Catholic Archdiocese of San Juan, Puerto Rico v. Yali Acevedo Feliciano , 589 U.S. __ (Feb. 24, 2020), the Supreme Court held, among other things, that an order remanding an action from federal court to the Puerto Rico Court of First Instance nunc pro tunc (“now for then,” or effective as of a prior date) did not restore jurisdiction to the non-federal ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Taft Stettinius & Hollister LLP Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editor: Jackie Williams, Manty & Associates, P.A. Eighth_Circuit___Rucker_v__Belew.pdf   In Rucker v. Belew (In re Belew) , 943 F.3d 395 (8th Cir. 2019), the Court of Appeals for the Eighth Circuit considered whether the bankruptcy court had the authority to deny an exemption on grounds not specified in the bankruptcy code. After conducting an investigation, the chapter 7 trustee discovered that the debtor placed $30,000 in cash in a home safe prior to filing. The cash was not ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Taft Stettinius & Hollister LLP Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editor: Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Small_Business_Reorganization_Act_of_2019_PLAW-116publ54.pdf 2019_sbra_interim_rules_amendments_redline_0.pdf On February 19, 2020, the Small Business Reorganization Act and related interim Bankruptcy Rules go into effect. Congress passed the SBRA with the intent of making Chapter 11 reorganization available to small businesses who were previously priced out of the option. The bulk of the SBRA is codified into a new ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Taft Stettinius & Hollister LLP Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Karl Johnson, Taft Stettinius & Hollister LLP Scotus_Ritzen_Group_v_Jackson_Masonry_18-938_l6gn.pdf In Ritzen Group, Inc. v. Jackson Masonry, LLC , 589 U.S. ___ (Jan. 14, 2020), the Supreme Court agreed with the majority of circuit courts and unanimously held that an order unreservedly adjudicating relief from the automatic stay of 11 U.S.C. § 362(a) is final and any appeal must be filed within the 14 day period under Rule 8002.The Court expressly declined to address the ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Austin Majeskie, University of St. Thomas Law 17-30673_Gander_Mountain_Key_Executives__1_.pdf In In re Gander Mountain Company , 605 B.R. 875 (Bankr. D. Minn. 2019) the bankruptcy court sustained the trustee’s objection to claims filed by certain high-level employees (the “Key Executives”). The claims were disallowed because the plain language of the Key Employee Retention Plan (the “KERP”) and the Key Employee Incentive Plan (the “KEIP,” and together ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Karl Johnson, Briggs and Morgan, P.A. Belew_v_Rucker__In_re_Belew__8th_Cir_BAP.pdf In Belew v. Rucker and The Citizen’s Bank (In re Belew) , 19-6020, --BR--, 2019 WL 6204935 (8th Cir. BAP Nov. 21, 2019), the BAP held that the debtor’s appeal of a completed sale was moot and that the debtor lacked standing because he had no pecuniary interest in the sale proceeds. The Trustee agreed to sell the estate’s legal causes of action to a bank for $11,000.00. The debtor submitted a competing ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Lauren O'Neil Funseth, Gray Plant Mooty 18-43795_Chesler.pdf   In In re Chesler, No. 18-43795, 2019 WL 5616905 (Bankr. D. Minn. Oct. 25, 2019), Chief Judge Ridgway granted the chapter 7 trustee’s motion for turnover, determining that the pre-petition portion of the debtor’s Homestead Credit Refund was property of the estate. The debtor filed a voluntary petition under chapter 7 on December 7, 2018. The debtor owned and occupied a homestead in St. Louis Park, Minnesota with ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Alex C. Gallwas, University of St. Thomas Law Judge_Sanberg___Kelley_v__BMO_Harris_Bank__N_A___In_re_Petters_Co___Inc___2.pdf   In Kelly v. BMO Harris N.A. (In re Petters Co.) , 603 B.R. 424 (Bankr. D. Minn. 2019), the bankruptcy court denied Defendant’s motion for summary judgment, holding that Plaintiff has standing to pursue his various claims against Defendant and that Plaintiff’s claims are not barred by the doctrine of in pari delicto . ...
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Very possibly, I just don’t know the right people and I don’t follow the right electronic discussion groups, blogs and other fora. But my impression is that Minnesota lawyers aren’t giving enough attention to – or haven’t purposefully developed ways to share vital intelligence, practice aids and case histories about – antecedents to contract formation in a very significant demographic shift. It has to do with (no surprise) the Baby Boomers.   What I’ll suggest below is unsupported speculation. It’s how I see a segment of the Minneapolis-St. Paul housing market developing over the next decade or so. The scenario may apply to much smaller cities too. (Anecdotally, ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Andy J. Moeller, University of St. Thomas Law BAP_Raynor_v_Walker_19-6010_7_25_2019.pdf              In Raynor v. Walker, 602 B.R. 703 (July 25, 2019), the BAP affirmed dismissal of the debtor’s adversary proceeding seeking determination that debts had been discharged and denying his post-dismissal motion.             In 2005, the debtor received a chapter 7 discharge of debts including personal guaranties of obligations owed by two companies. ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Alexander M. Landreville & Nathan D. McDonald, University of St. Thomas Law Judge_Sanberg_Kelley_v__BMO_Harris_Bank_N_A____Motion_for_Sanctions_.pdf In Petters Company, Inc., et al. v. BMO Harris Bank N.A. , ADV 12-4288 (July 1, 2019), the bankruptcy court granted the Plaintiff’s motion for Rule 37 sanctions and allowed an adverse inference jury instruction on the ground that Defendant bank intentionally destroyed relevant evidence in bad faith. ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Joshua Matushin, University of St. Thomas Law Bruess_v_Dietz_18-3097_dkt_40_Order_for_Judgment_re_ownership_of_malpractice_claim.pdf In Bruess v. Dietz , No. 14-34922 (Bankr. D. Minn. Sept. 30, 2019), the bankruptcy court held that under Minnesota law, a legal malpractice claim against a debtor’s attorney for inaccurate advice about the debtor’s homestead exemption accrued upon filing the debtor’s petition and is thus property of the estate under ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Contributing Editors: Kesha Tanabe, Tanabe Law & Michelle Gonzalez, University of St. Thomas Law Zaitz_Trust_v_Bremer_Bank__In_re_Solberg__186031P_BAP.pdf   In Zaitz Trust, LLP v. Bremer Bank , No. 18-6031 (8 th Cir. BAP), the BAP remanded to the bankruptcy court with instructions to specify the basis upon which it granted  summary judgment, or in the alternative, to reconsider the issue of whether a partnership existed under Minnesota state law. The parties to this appeal are creditors with ...
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