Insights

SECOND CIRCUIT DECISION SHOWS THE IMPORTANCE OF SEEKING RELIEF FROM THE AUTOMATIC STAY IN BANKRUPTCY COURT
Though not binding in Minnesota yet, the U.S. Court of Appeals for the Second Circuit’s recent decision relating to the automatic stay in bankruptcy is causing some angst across the nation. A creditor loan servicer in New York received something of a shock in ...Read More

Contractors: Remember 120-day Deadline for Claiming Mechanic’s Lien
In Minnesota, contractors who have not been paid for their work have 120 days to enforce their mechanic’s lien rights, or risk losing their ability to make a claim.
Under Section 514.08 of the Minnesota Statutes, the 120-day clock starts running from the last day ...Read More

Secured Creditors are Given A Road Map To Recover Seized Vehicles
Minnesota has long authorized police departments and similar agencies to seize property associated with certain crimes and, under proceedings known as “civil forfeiture,” assume ownership of the property. In the past, criminal property seizures have caused problems for secured creditors who have a properly ...Read More

Mechanic’s Liens – Don’t Let Your Rights Expire!
Now that Spring has sprung, contractors and subcontractors, suppliers, and other construction professionals will likely be seeing a seasonal upswing in demand for private real estate improvements and projects. Along with more work, however, comes the need to secure payment for your hard-spent labor, ...Read More

Legal Update: U.S. Bankruptcy Court Finds Tribal Gaming Payment Not Part of Debtor’s Bankruptcy Estate
In the recent decision, In re: Musel, the United States Bankruptcy Court for the District of Minnesota held that tribal payments are not considered a property interest of a bankruptcy estate when federal law governs and the tribe expressly rejects defining the payments as ...Read More

Minnesota Peacetime Emergency Ends July 1st
Governor Walz has agreed to end the peacetime emergency on July 1st. He had planned for his executive orders to expire on August 1st. However, in negotiations with Senate Republicans, he agreed to end his emergency powers tomorrow. Two of his ...Read More

Third Round of PPP Funding Open, Banks with Assets of $1 Billion or Less Start Friday, January 15, 2021
Late Wednesday, January 13th, the SBA announced that banks with $1 billion in assets or less can start making Third Round PPP loans Friday, January 15th. Banks above that threshold will be able to start Tuesday, January 19th. CDFI institutions and minority-owned institutions started ...Read More

Marshaling of Assets: Old Doctrine Learns New Tricks
As the economy enters into a recession and debtors’ assets are losing value, dwindling or disappearing, the doctrine of marshaling assets is appearing in more and more collection actions and appellate decisions. The increased use of marshaling assets is also the result of land ...Read More

Communication on Families First Coronavirus Response Act
The Families First Coronavirus Response Act was signed into law on March 18, 2020, and takes effect on April 1, 2020. Employers across the nation will be obligated under the Act to provide expansive leave to employees. Below are key points from the Act ...Read More

Protective Measures for Employers During the COVID-19 Pandemic
Instructing Employees to Stay Home or Leave Work
It is important that employees with obvious symptoms of illness and disease, including all forms of the flu, should be encouraged to stay home or if they are at work when symptoms develop, to go home. Employers ...Read More