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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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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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