Insights

SMALL-BUSINESS DEBTORS AND A PRIMER ON THE SMALL BUSINESS REORGANIZATION ACT
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

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

The Basics of Fixture Filings
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

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