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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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Notes & Trends – November 2015

CRIMINAL LAW JUDICIAL LAW • Sentencing: Aggravated sentence supported by any aggravating factor arising from same course of conduct. Appellant pleaded guilty to possession of a firearm by an ineligible person and second-degree assault after firing a gun six times in response to being cut with a knife during a dispute on a basketball court, […]

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Notes & Trends – October 2015

BANKRUPTCY JUDICIAL LAW • Lien stripping denied. In a recent case, the court denied the debtor’s effort to “strip” a lien. The debtor filed a Chapter 13 while owning a house. The proposed plan was to “strip” the junior of two liens secured by the house on the basis that there was no value to […]

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Notes & Trends – September 2015

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 • Default interest rate enforceable in bankruptcy. The 8th Circuit has held that a clause in a Note which provided that upon default, the interest […]

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Notes & Trends – August 2015

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 • United States Supreme Court declines to apply Chevron while upholding Affordable Care Act. The United States Supreme Court declined to give Chevron deference […]

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