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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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Notes & Trends – July 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. CRIMINAL LAW JUDICIAL LAW • 4th Amendment: Inevitable discovery exception does not apply to statements. Appellant was convicted of first- and second-degree assault following a jury trial. A stabbing […]

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Notes & Trends – May/June 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: Federal agencies may change non-binding interpretive rules without notice-and-comment; questions raised about continued viability of Auer deference. A […]

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Notes & Trends – April 2015

BANKRUPTCY JUDICIAL LAW •  Retainer not subject to disgorgement. In an opinion noted as “at the risk of being redundant,” the court held that, in an administratively insolvent case converted from a Chapter 11 to a Chapter 7, there is no statutory provision that allows for the return or disgorgement of a retainer.  Having previously […]

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