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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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Notes & Trends – February 2016

BANKRUPTCY JUDICIAL LAW • Bankruptcy court’s findings on non-dischargeable student loan debts upheld. On remand from a prior appeal to determine the debtor’s disposable income to service certain student loan payments, the bankruptcy court held that her monthly disposable income was $170.30, from which it held she could make payments on four of her student […]

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Notes & Trends – January 2016

ADMINISTRATIVE LAW JUDICIAL LAW Minnesota Supreme Court finds EPA pollution regulation clear on its face, declines deference to state and federal agency interpretation. A dispute over pollution from a cattle feeding operation provided an opportunity for the Minnesota Supreme Court to revisit the issue of judicial deference to state agency regulatory interpretations. Under federal and […]

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Notes & Trends – December 2015

BANKRUPTCY JUDICIAL LAW •  All applicable Chapter 13 confirmation requirements must be met. In a recent case, the debtor attempted to pick and choose which subsections of 11 U.S.C. 1322(b) would be complied with and which would be ignored. The debtor’s original Chapter 13 plan bifurcated non-priority unsecured claims into two classes, paying a higher […]

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