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Notes & Trends – January 2017

BANKRUPTCY LAW JUDICIAL LAW • District court affirms order denying substantive consolidation. The Unsecured Creditor’s Committee in the Chapter 11 bankruptcy case of the Archdiocese of St. Paul and Minneapolis sought to substantively consolidate the debtor with a number of entities, including 187 separately incorporated parishes, various high schools, and other targeted entities, on behalf […]

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Notes & Trends – December 2016

Current developments in judicial law, legislation, and administrative action together with a foretaste of emergent trends in law and the legal profession for the complete Minnesota lawyer. COMMERCIAL AND CONSUMER LAW JUDICIAL LAW • History repeats itself. Ever since the Uniform Commercial Code wrote a statute of frauds into the code, there has been debate over […]

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Notes & Trends – November 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. BANKRUPTCY JUDICIAL LAW • Daily “pay to stay” charge assessed by Dakota County Sheriff is not subject to the 11 U.S.C. § 523(a)(7) exception and is dischargeable. As […]

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Notes & Trends – October 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. Commercial & Consumer Law JUDICIAL LAW • Commercially reasonable disposition of collateral. Perhaps no more litigated issue under Uniform Commercial Code Article 9 exists than whether a disposition of […]

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Notes & Trends – September 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. BANKRUPTCY JUDICIAL LAW • Filing proof of claim on time-barred debt not per se violation of FDCPA. Debtor Nelson defaulted on a consumer debt in November 2006. Debtor […]

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Notes & Trends – August 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. CRIMINAL LAW JUDICIAL LAW • Theft of motor vehicle: Participation in movement of motor vehicle required to ‘take’ the vehicle. Police responded to a call to find respondent […]

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Notes & Trends – July 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. Commercial and Consumer Law JUDICIAL LAW • Extending Article 9’s reach. UCC §9-609(a) allows a secured party after default to take possession of the collateral, but under subsection […]

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Notes & Trends – May/June 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. ADMINISTRATIVE LAW JUDICIAL LAW • SONAR: Limits on prevailing wage protections. The Minnesota Supreme Court relied upon a rulemaking statement of need and reasonableness (SONAR) to determine that […]

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Notes & Trends – April 2016

Current developments in Judicial Law, Legislation, and Executive Action together with a foretaste of Emergent Trends in law and the legal profession for the complete Minnesota lawyer. BANKRUPTCY JUDICIAL LAW • Customer of a debtor check processing company not entitled to recovery of commingled funds in possession of the Chapter 7 trustee. Debtor provided automated […]

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Notes & Trends – March 2016

BANKRUPTCY JUDICIAL LAW • Chapter 13 debtor fails to disclose post-confirmation employment discrimination suit; summary judgment granted due to judicial estoppel. The order confirming the Chapter 13 plan of debtor Jones included a requirement that debtor report any lawsuits “received or receivable” during the term of the plan. Subsequently, debtor filed a charge of employment […]

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