This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2018). STATE OF MINNESOTA IN COURT OF APPEALS A18-1761 State of Minnesota, Appellant, vs. Minnesota School of Business, Inc. d/b/a Minnesota School of Business, et al., Respondents. Filed June 3, 2019 Affirmed in part, reversed …
Minnesota Usury Laws Protect Debtors from High Interest Rates Read More »
An experienced Minneapolis, Minnesota creditor lawyer knows that sometimes a debtor will try to avoid paying on a judgment. In the case below from Connecticut, the debtor tried to avoid paying on a judgment by transferring all his wages (over and above what the creditor could take) to his wife. The court found that because …
Debtor’s transfer of wages to wife did not prevent creditor from getting at them Read More »
A Minneapolis, Minnesota creditor lawyer knows that a husband and wife’s conveyance of property into a revocable trust did not render property unavailable to creditors because property in a revocable trust is subject to creditor claims to the extent of the debtor’s power of revocation. Also, because a settlor of revocable trust retains an unlimited …
Property transfer by debtor to a revocable trust does not shield property from creditor Read More »
An oral promise to pay the debt of a business entity may be enforceable even if it is not in writing. To begin with, an experienced Minnesota business lawyer knows that oral agreements are generally enforceable. However, the Minnesota statute of frauds provides that some agreements must be in writing. The statute can be found …
A skilled Minneapolis, Minnesota business lawyer knows that a creditor can levy or garnish a debtor’s website and domain name. Sprinkler Warehouse, Inc., Respondent, v. Systematic Rain, Inc., d/b/a GPLAWN.com, et al., Appellants. No. A14-1121. Supreme Court of Minnesota. March 23, 2016. Clarence J. Kuhn, Kuhn Law Firm, PLLC, Edina, Minnesota, for respondent. Bryan …
Websites and Domain Names Can be Garnished or be Subject to Levy by a Creditor Read More »
841 N.W.2d 637 (2014) AMICA MUTUAL INSURANCE COMPANY, Appellant, v. Thomas B. WARTMAN, individually and as shareholder/owner of Landform, Inc., Respondent. No. A13-0937. Court of Appeals of Minnesota. January 6, 2014. Considered and decided by JOHNSON, Presiding Judge; RODENBERG, Judge; and CHUTICH, Judge. OPINION RODENBERG, Judge. Appellant Amica Mutual Insurance Company appeals from the …
A lawsuit to renew judgment must specifically seek to renew the judgment Read More »
A Minneapolis, Minnesota business lawyer knows that the duty of good faith exists between the lender and debtor, and one court has found a lender not to be a good faith purchaser due to its conduct, regardless of whether that duty is extended to third parties. 2012 OK 89 THE BANK OF BEAVER CITY, …
A Minneapolis, Minnesota debtor and creditor lawyer knows that If “excepting such debt from discharge… would impose an undue hardship on the debtor and the debtor’s dependents,” a discharge under 11 U.S.C. § 727 discharges the debtor from a debt for an educational loan “made, insured, or guaranteed by a governmental unit, or made under …
A student loan can be discharged in bankruptcy if it imposes an undue hardship Read More »
A Minneapolis, Minnesota debtor and creditor lawyer knows that If an endorsement is made by the holder of an instrument and it is not a special endorsement, it is a `blank’ endorsement. When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed. In …
If you simply sign a check it becomes payable to anyone Read More »
A Minneapolis, Minnesota debtor lawyer knows that Foreign judgments are to be given the same effect as Minnesota judgments. Minn. Stat. § 548.27. However, a defendant has a right “to contest an action brought on the basis of a foreign court’s judgment by demonstrating that the foreign court rendered the judgment in the absence of …
Judgments from other states are enforceable if the other court had jurisdiction Read More »
