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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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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 & James T. Wallrich, University of St. Thomas Law https://www.govtrack.us/congress/bills/116/hr2938 The Honoring American Veterans in Extreme Need Act of 2019 (the “HAVEN Act”) was signed into law by the President on Aug 23, 2019. The legislation is intended to remedy disparate treatment of current servicemembers and disabled veterans in bankruptcy proceedings. Since BAPCPA was enacted in 2005, service-related disability payments from the Department of Veterans ...
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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 & Brittany Kennedy, University of St. Thomas Law Kelley_v__Home_Federal_Savings_Bank__In_re_Petters_Co___Inc__.pdf In Kelley v. Home Federal Savings Bank (In re Petters Co.) , 603 B.R. 601 (Bankr. D. Minn. 2019), the bankruptcy court granted the Trustee’s motion for partial summary judgment, holding that interest payments to the Home Federal Savings Bank (the “Bank”) were constructively fraudulent and avoidable under both the Minnesota Uniform Fraudulent Transfer Act ...
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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 & Kristina Keppeler, University of St. Thomas Law Kunkel_v_CUSB_Bank_186031P_Eighth_Circuit.pdf In Kunkel v. CUSB , No. 18-6026 (Bankr. D. Minn. June 28, 2019), the BAP affirmed the bankruptcy court’s determination that a Bank’s mortgage on real estate should be avoided pursuant to 11 USC § 544(a)(3) and preserved for the estate’s benefit under 11 USC § 551. Prior to the Petition Date, the Debtor purchased real estate with his father.  Note, the real estate ...
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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 & Trevor Brink, University of St. Thomas Law BAP___Marshall_v__McCarty.pdf   The Eighth Circuit summarily affirmed Marshall v. McCarty (In re Marshall), 596 B.R. 366 (B.A.P. 8th Cir. 2019), which affirmed the orders of the District Court and bankruptcy court dismissing the Debtor’s case and barring her from re-filing for 180 days. In re Marshall , No. 19-1634, 2019 WL 4657414 (8th Cir. August 6, 2019). Part 5 of the Debtor’s petition expressly stated ...
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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 & Tim Anderson, University of St. Thomas Law Holmes-Diltz_v_Allen_722_Fed_Appx_405_8th_Cir_7_3_2019.pdf   In Holmes-Diltz v Sosne (In re Allen) , 772 Fed. App'x 405 (8th Cir. 2019), the Eighth Circuit dismissed an appeal of the District Court for the Eastern District of Missouri’s decision dismissing the appellant’s interlocutory appeal and denied the appellant’s mandamus request. The interlocutory appeal was dismissed due to lack of jurisdiction and the mandamus ...
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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 Editor: Mary Sieling, Manty & Associates, P.A. BAP___SMC_Holdings__LLC_v__McCann.pdf   In SMC Holdings, LLC v. McCann (In re McCann) , 601 B.R. 813 (B.A.P. 8th Cir. 2019), SMC Holdings, LLC commenced an adversary proceeding seeking to except its debt from discharge under 11 U.S.C. § 523(a)(2)(A).  At trial, the debtor presented no defense and instead moved for judgment on partial findings—arguing that SMC was not the real party-in-interest to seek the requested relief. SMC and Vinco, Inc. are ...
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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 Editor: James Brand, Fredrikson & Byron, P.A. Judge_Fisher___Midwest_Asphalt_Services_LLC_v__Stoebner__In_re_Midwest_Asphalt_Corp__.pdf In Midwest Asphalt Service, LLC v. Stoebner , Adv. No. 18-04101, Judge Fisher determined that the purchaser of the bankruptcy estates’ assets was entitled to refunds due from the cancellation of the debtors’ prepaid insurance policies.  This resolved a dispute between the purchaser and a subsequently appointed chapter 7 trustee, who claimed that the refunds became ...
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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 Editor: Alexander J. Beeby, Larkin, Hoffman, Daly, & Lindgren Ltd. Taggart_v_Lorenzen_138_S__Ct__1795__2019_.pdf In Taggart v. Lorenzen , 139 S. Ct. 1795 (2019), the Supreme Court established the threshold for determining whether a creditor can be held in contempt for violating a bankruptcy discharge as whether the creditor had an objectively reasonable basis for concluding that its actions were lawful. In Taggart , prior to trial in a pending lawsuit against the debtor, the debtor filed for Chapter ...
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BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin Hoffman DalyLindgren Ltd  Contributing Editor: Karl Johnson, Briggs and Morgan, P.A. SCOTUS_Mission_Holdings_v_Tempnology_17-1657_4f15.pdf In Mission Product Holdings, Inc. v. Tempnology, LLC , 139 S.Ct. 1652 (2019), the Supreme Court held that a debtor-licensor’s rejection of a trademark licensing agreement did not terminate a licensee’s rights under the executory contract to use the trademark. The Court further held that a case is not moot if there is a claim for monetary relief even if recovery is unlikely. The debtor manufactured exercise ...
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​BANKRUPTCY BULLETIN Editors-in-Chief Karl J. Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin Hoffman DalyLindgren Ltd  Contributing Editor: Steven R. Kinsella, Fredrikson & Byron, P.A. Judge_Ericksen___Diocese_of_Winona-Rochester_v__United_States_Fire_Ins__Co_.pdf             In Diocese of Winona-Rochester v. United States Fire Ins. Co. , No. 19-cv-0518 (D. Minn. Apr. 19, 2019), ECF No. 48, the District Court denied a motion to withdraw reference filed by London Market Insurers (“ LMI ”) and supported by other defendant insurers, seeking the transfer of the insurance coverage adversary proceeding from the Bankruptcy Court to ...
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​BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin Hoffman DalyLindgren Ltd  Contributing Editor: Amanda Schlitz, U.S. Bank Mus_3_1_19.pdf In In re Mus , 598 B.R. 623 (Bankr. D. Minn. Mar. 1, 2019) (Ridgway, J.), the Bankruptcy Court addressed the power of the debtor to avoid judicial liens pursuant to 11 U.S.C. § 522(f). The debtor had reopened his bankruptcy case and sought to avoid a number of purported “judicial liens” – three money judgments and four orders arising out of his divorce and related state court proceedings, which the state court described as “substantial and tortured.” The ...
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​BANKRUPTCY BULLETIN Editors-in-Chief Karl Johnson, Briggs and Morgan, P.A. Alexander J. Beeby, Larkin Hoffman DalyLindgren Ltd  Contributing Editor: Karl Johnson, Briggs and Morgan, P.A. In_re_Peabody_Energy_Corporation181302P_08_09_2019.pdf  ​​ In Ad Hoc Comm. of Non-Consenting Creditors v. Peabody Energy Corp., et al. (In re Peabody Energy Corp.), No. 18-1302 (8th Cir. Aug. 9, 2019), the Eighth Circuit, addressing an issue of first impression in this circuit, held that a chapter 11 plan may provide creditors with an opportunity to participate in offerings of the Debtors’ securities at significant discounts without violating the statutory ...
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#WestwoodandCarlson ​ @Michael Carlson I'm putting some final touches on the Hennepin County Law Library CLE powerpoint I'll be presenting this Friday.  A colleague (Charlie Wilson at Ballard Spahr) and I wrote an article ("How Do You Feel About "Good Enough?": Another Look at Citators") and we're going to discuss the article and ethical issues around performing competent legal research.  Charlie and I have both spent some time trying to bridge the distance between what is taught in law school (extensive, exhaustive, expensive research) with what attorneys confront in practice (time and money limitations).  Especially for solo and small firm attorneys who ...
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