The Kuhn Law Firm

Debtor and Creditor Law

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Minnesota Usury Laws Protect Debtors from High Interest Rates

This opinion will be unpublished and may not be cited except as provided by Minn.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 …

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Debtor’s transfer of wages to wife did not prevent creditor from getting at them

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 …

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Property transfer by debtor to a revocable trust does not shield property from creditor

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 …

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An oral promise to pay the debt of a business entity may be enforceable even if it is not in writing. 

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 …

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Websites and Domain Names Can be Garnished or be Subject to Levy by a Creditor

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 …

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A lawsuit to renew judgment must specifically seek to renew the judgment

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 …

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A student loan can be discharged in bankruptcy if it imposes an undue hardship

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 …

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If you simply sign a check it becomes payable to anyone

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 …

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Judgments from other states are enforceable if the other court had jurisdiction

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 …

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