The U.S. Consumer Financial Protection Bureau (CFPB) publishes an agenda of its planned rulemaking activities twice a year – typically in the Spring and Fall. These agendas constitute a window into the focuses and priorities of the CFPB. In early January of 2023, the ...Read More

Real Estate often serves as the primary collateral for a loan, and for good reason. Compared to personal property, real estate tends to depreciate less, cannot be absconded with, and oftentimes is simply more valuable than items of personal property. For this reason, lenders ...Read More

This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the hypothetical below, but these instruments ...Read More

In a case decided Wednesday, February 23, 2023, the U.S. Supreme Court held that a Chapter 7 bankruptcy debtor is precluded from discharging in bankruptcy a debt obtained by fraud, regardless of the debtor’s own personal knowledge of or culpability in the fraud, at ...Read More

Anumber of recent economic developments will likely impact the negotiation of farmland leases following the 2022 crop year. For example, landlords may want to increase rent because commodity prices are generally rising, and farmland values are going up across the Midwest. On the other ...Read More

Throughout my nearly 15 years of practicing law, I have observed a wide range of perspectives, understandings, and tolerances from agricultural producers and other businesses regarding the topic of insurance. Some find insurance a combination of overwhelming, confusing, and boring. If given the choice, ...Read More

Earlier this year, the Minnesota Legislature updated the statute pertaining to the publication of legal notices in so-called “qualified newspapers,” reflecting the broad national trend of newspapers moving away from physical copies and emphasizing digital editions.

Effective August 1, 2022, qualified newspapers are now required ...Read More

The American Bankruptcy Institute once observed that “[a] robust, effective, and efficient bankruptcy system rebuilds companies, preserves jobs, and facilitates economic growth with dynamic financial markets and lower costs of capital.” These ideals have not been the reality for many small-business debtors in financial ...Read More

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

The distinction between a security interest and a mortgage is easy to understand: a security interest under Article 9 of the UCC is used for personal property, and a mortgage is used for real estate. Rarely is there any confusion between these two. However, ...Read More