Editors: Jeffrey A. Peterson, Terri A. Running & Michael R. Stewart
Minnesota CLE’s Bankruptcy Practice in Minnesota Deskbook is the best and most authoritative bankruptcy practice resource available to Minnesota attorneys. Overseen by editors Terri A. Running, Michael R. Stewart, and Jeffrey A. Peterson, more than 50 authors – including a United States Bankruptcy Court Judge for the District of Minnesota, the Clerk of the United States Bankruptcy Court for the District of Minnesota, an attorney from the Office of the United States Trustee, a Minnesota chapter 12 and chapter 13 trustee, and a host of Minnesota’s most esteemed and experienced bankruptcy law practitioners – have collaborated to bring forth an extensive two-volume set, covering both personal and consumer bankruptcy and brimming with case law and practice tips. The second edition also adds a chapter on review in bankruptcy cases. Fully indexed, with a comprehensive table of authorities, the Bankruptcy Practice in Minnesota Deskbook offers everything necessary for efficient and effective bankruptcy representation in Minnesota. Order yours today!
2022 UPDATE
The 2022 Update to the Bankruptcy Practice in Minnesota Deskbook features updates to 23 chapters, including Ch. 5 – Property of the Estate; Ch. 10 – Sale of Assets; Ch. 15 – Fraudulent Transfers; Ch. 19 – Chapter 11 reorganization; Ch. 20 – Chapter 12 Family Farmer with Regular Income; Ch. 26 – Bankruptcy Tax and Accounting Issues; Ch. 28 – Review in Bankruptcy Cases; and many more! Chapter 21, Chapter 13 – Individuals with Regular Income, includes fully revised and updated sections on formulating and filing a Chapter 13 Plan. In addition, the 2022 Update also includes analysis of new case law, over 50 NEW cases are covered, from the U.S. Supreme Court, the Federal Appellate Courts, the Bankruptcy Appellate Panel Courts, and District Courts from across the U.S.
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CHAPTER 1
Overview of Bankruptcy Practice in Minnesota
Preface – A Message from the Editors; Ethical/Practice Expectations; Practice in the Minnesota Bankruptcy Court
– Erin Bryan, Dorraine A. Larison, Terri A. Running, Michael R. Stewart, Jeffrey A. Peterson & Lori A. Vosejpka
CHAPTER 2
Basic Structure of the Players and Duties
The Judge; The United States Trustee; The Trustee; The Debtor; Other Parties
– Sarah J. Wencil
CHAPTER 3
Jurisdiction and Venue
Bankruptcy Jurisdiction; Venue; State Court Judgments; Jury Trials; Local Rules
– Connie A. Lahn, Christopher Lynch & Christopher J. Knapp
CHAPTER 4
Commencement of the Case
Introduction; Initial Pleadings; Partial Case Filings – Emergency Filings; Electronic Case Filing; Schedules and Statements; Involuntary Cases; Appendix A – Sample Voluntary Petition and Schedules
– Mary L. Cox, John D. Lamey III, Elaine D.W. Wise & Richard J. Pearson
CHAPTER 5
Property of the Estate
Interests in Property; Interests in Recovered or Preserved Property; Interests Arising from the Death of a Nondebtor; Interests in Property of a Spouse; Interests in Unscheduled Property; Post-Petition Derivatives from Property of the Estate; Post-Petition Acquisitions of Property; Powers Exercisable for the Benefit of a Nondebtor; Leases; Property Encumbered by Restrictions on Transfer; Other Exclusions from Property of the Estate
– Matthew R. Burton & Kelsey B. Quarbery
CHAPTER 6
Exemptions
Overview of Exempt Property and Exemptions; Choosing Between State and Federal Exemptions; Objections to Exemptions; Exemption “Planning”; Debtor Avoidance Actions for Exemption Impairment
– Kenneth C. Edstrom
CHAPTER 7
The Automatic Stay
Overview of 11 U.S.C. § 362; 11 U.S.C. § 362(a) – Interests and Actions Subject to the Automatic Stay; 11 U.S.C. 362(b) – Interests and Actions Excluded from the Automatic Stay; 11 U.S.C. 362(c) – Duration of the Automatic Stay; The Automatic Stay and Co-Debtors; 11 U.S.C. 362(d) – Relief from the Automatic Stay; Violations of the Automatic Stay; Appendix A – Local Form 4001-1; Appendix B – Local Form 4001-2(a); Appendix C – Local Form 4001-2(b)
– Christopher (C.J.) Harayda & Paide Naig
CHAPTER 8
Adequate Protection
The Requirement of Adequate Protection; The Origins of Adequate Protection; The Parameters of Adequate Protection; Martin’s Three-Part Test for Adequate Protection; The Factual Nature of Adequate Protection and the Standard of Review; Permissible Forms of Adequate Protection; Method and Timing of Obtaining Adequate Protection; Other Factors in the Adequate Protection Determination; Evaluating the Adequate Protection Offer; The Application of Adequate Protection Payments; Valuation in the Adequate Protection Context; Adequate Protection in Other Bankruptcy Code Sections
– Monica Clark
CHAPTER 9
Cash Collateral, Post-Petition Financing, and Use of Other Property
Introduction; Use of Cash Collateral; Post-Petition Financing – Obtaining Credit; Use of Property Other Than Cash Collateral
– Hon. Katherine A. Constantine
CHAPTER 10
Sale of Assets
Introduction; Sales in the Ordinary Course of Business; Sales Other Than in the Ordinary Course of Business; Sales Free and Clear of Interests; Sales Generally; Sales of Interests of Co-Owners; Effect of Law or Contract Provision Prohibiting Sale of Property; Effect of Reversal or Modification Upon Appeal; Credit Bids by Secured Creditors; Prohibition Against Collusive Bidding Under 11 U.S.C. § 363(n); Bidding Procedures and Buyer Protections; Sales in Subchapter V
– Michael D. Howard, Karl J. Johnson & John R. McDonald
CHAPTER 11
Executory Contracts and Unexpired Leases
Introduction; Treatment of Executory Contracts and Unexpired Leases; Specific Situations
– Phillip W. Bohl & Lauren O’Neil Funseth
CHAPTER 12
Security Interests and Liens
Liens Generally; Avoidance of Liens; Reaffirmation Agreements; Redemption of Property from a Lien; The End of Ride-Through?; Requests for Abandonment
– Bradley J. Halberstadt
CHAPTER 13
Discharge
Introduction; Scope of Discharge; Effect of Discharge; Chapter 7 Discharge; Denial of Discharge under 11 U.S.C. § 727(a); Revocation of Discharge; Nondischargeable Debts under 11 U.S.C. § 523; Chapter 11 Discharge; Chapter 12 Discharge; Chapter 13 Discharge
– George H. Singer
CHAPTER 14
Avoiding Powers
11 U.S.C. § 544: Trustee as Lien Creditor and Successor to Certain Creditors and Purchasers; 11 U.S.C. § 545: The Trustee’s Power to Avoid Statutory Liens; 11 U.S.C. § 546: Limitations on Trustee’s Avoiding Powers
– Jennifer G. Lurken
CHAPTER 15
Fraudulent Transfers
Generally; Elements of Proof Under 11 U.S.C. § 548(a); Specific Types of Transfers; Rights of Good-Faith Transferees; Liability of Transferee; Statute of Limitations; Securities Safe Harbor; State Fraudulent Transfer Laws
– Steven R. Kinsella
CHAPTER 16
Preferences
Introduction; Elements of a Preferential Transfer; Transfer of an Interest in Property; Property of Debtor; Earmarking; Date of Transfer; Antecedent Debt; Transfer Made While Debtor Is Insolvent; Creditor Receives More Than If the Case Had Been a Chapter 7 Proceeding; Transfers to Insiders; Burdens of Proof; Exceptions; Contemporaneous Exchange for New Value; Ordinary Course of Business; Enabling Loan; Subsequent New Value; Floating Lien in Receivables; Additional Statutory Exceptions
– Michael S. Dove & Jennifer G. Lurken
CHAPTER 17
Post-Petition Transfers and Setoffs
Post-Petition Transfers – 11 U.S.C. § 549; Setoff and Recoupment
– Steven W. Meyer
CHAPTER 18
Chapter 7 – Liquidation
Introduction; Commencing the Case; The Chapter 7 Trustee; Other Post-Petition Activities; Appendix A – Notice Required by 11 U.S.C. § 527(b); Appendix B – Documentation Necessary to Establish Identity of Debtor
– Mary Jo Jensen-Carter
CHAPTER 19
Chapter 11 – Reorganization
Introduction; Debtor in Possession; Individual Chapter 11 Cases; Operating Issues; Early Days – First-Day Motions; Creditors’ Committees; Sale of Assets; Trustee and Examiner; Exclusivity; Elements of a Chapter 11 Plan; Disclosure Statement; Solicitation and Acceptance; Pre-Packaged Plans; Confirmation of the Plan; Effect of Confirmation; Other Post-Confirmation Issues
– Samuel M. Andre, James L. Baillie, James C. Brand, Clinton E. Cutler, Steven R. Kinsella & Ryan T. Murphy
CHAPTER 20
Chapter 12 – Family Farmer with Regular Income
Introduction; Commencing the Chapter 12 Case; The Chapter 12 Trustee; Debtor in Possession; The Section 341 Meeting of Creditors; Motions for Use of Cash Collateral; Assuming and Rejecting Leases; Motions to Sell; Motions to Obtain Credit or Incur Secured Indebtedness; Formulating and Filing a Chapter 12 Plan; Confirmation of the Plan; Special Tax Provisions – Priority-Stripping; Conversion and Dismissal; Discharge; Claim Filing; Appendix A – Summary of Operations for Chapter 12 Case; Appendix B – Monthly Cash Receipts and Disbursements Statement; Appendix C – Tax Deposit Statement; Appendix D – Debtor in Possession Bank Accounts Reporting Form
– Kyle L. Carlson & Michael J. Gieseke
CHAPTER 21
Chapter 13 – Individuals with Regular Income
Introduction; Commencing the Chapter 13 Case; The Chapter 13 Trustee; Formulating and Filing a Chapter 13 Plan; Getting to Confirmation: From Petition to the Confirmation Hearing; Confirmation of the Plan; Post-Confirmation Practice: What Can Happen After the Plan Is Confirmed; Completion and Discharge; Eligibility for Discharge in a Future Case; Re-Establishment of Credit; Appendix A – Chapter 13 Plan
– Jeffrey M. Bruzek & Ronald J. Lundquist
CHAPTER 22
Claims
Introduction: What Is a Claim?; Types of Claims; Filing a Proof of Claim; Allowance of Claims and Objections to Claims; Post-Petition Claims; Subordination of Claims
– Jason M. Reed & Amy J. Swedberg
CHAPTER 23
Adversary Proceedings and Contested Matters
Introduction: Two Kinds of Disputes; Adversary Proceedings; Contested Matters; Issues Common to Adversary Proceedings and Contested Matters; Relief from Judgments or Orders Filed in Adversary Proceedings or Contested Matters
– Lara Overton & Adine S. Momoh
CHAPTER 24
Conversion and Dismissal of Cases
Introduction; Conversion and Dismissal by Chapter; Bad-Faith Dismissal under 11 U.S.C. § 109(g); Effect of Conversion; Effect of Dismissal; Rules and Procedures for Dismissal or Conversion
– Daniel C. Beck, Michael A. Rosow, Kristopher D. Lee, Cynthia L. Hegarty, David Tanabe & Mary S. Riverso
CHAPTER 25
Attorneys and Other Professionals
Introduction; Retention and Payment of Debtors’ Counsel in Chapter 7 Cases; Retention and Payment of Debtors’ Counsel in Chapter 13 Cases; Payment of Debtors’ Counsel in Chapter 11 Cases; Applications to Employ Professionals Other Than Debtor’s Counsel; Qualifications of Employment; Fiduciary Obligations of Professionals Employed by the Estate; Withdrawal of Counsel; Fee Applications and Calculation of Fees; Role of the United States Trustee; Disgorgement; Duty to Represent Client Regardless of Payment
– Drew Glasnovich & Brittany Mitchell Michael
CHAPTER 26
Bankruptcy Tax and Accounting Issues
Introduction; Individual Debtor Bankruptcies; Partnership and Corporate Bankruptcies; Cancellation of Debt; Net Operating Losses; Tax Consequences to Creditors; Chapter 12 Cases; Tax Compliance
– Thomas E. Brever & David L. Zoss
CHAPTER 27
Bankruptcy Crimes and Fraud
Bankruptcy Crimes; Related Crimes; Practice Considerations
– Nauni J. Manty
CHAPTER 28
Review in Bankruptcy Cases
Introduction; Jurisdiction; Right to Appeal; Time for Appeal; Initiating Appeal as of Right; Election of Forum; Initiating Appeal by Leave; Stay Pending Appeal; Indicative Rulings; Amicus Curiae; Intervening in an Appeal; Prosecution of Appeals to the Bankruptcy Appellate Panel for the Eighth Circuit; Disposition and Publication; Costs; Admission to Practice Before the Bankruptcy Appellate Panel; Prosecution of Appeals to the District Court; Voluntary Dismissal; Duties of Clerk on Disposition of an Appeal; Stay of Judgment; Appeals to Eighth Circuit Final Judgment, Decree, or Order Entered on Appeals in Bankruptcy Cases
– Charles E. Nelson
Table of Authorities
Subject Index
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