LinkedLaw eDeskbook
ITEM #:  60097100   |   PUBLISHED:  JUNE 28, 2018

Bankruptcy Practice in Minnesota Deskbook, 2nd Edition

Edited by Dorraine A. Larison, 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 Dorraine A. Larison, Terri A. Running and Michael R. Stewart, more than 50 authors – including the Clerk of the United States Bankruptcy Court for the District of Minnesota, attorneys from the Office of the United States Trustee, a Minnesota chapter 12 and chapter 13 trustee, panel trustees, 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!

Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

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 & Lori A. Vosejpka

Basic Structure of the Players and Duties
The Judge; The United States Trustee; The Trustee; The Debtor; Other Parties
– Sarah J. Wencil

Jurisdiction and Venue
Bankruptcy Jurisdiction; Venue; State Court Judgments; Jury Trials; Local Rules
– Connie Lahn & Christopher Lynch

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 Lamey, Richard J. Pearson & Elaine Wise

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; 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 & Andrea M. Hauser

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

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)
– Colin F. Dougherty & Dennis M. Ryan

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

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

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
– Michael D. Howard, Karl J. Johnson & John R. McDonald

Executory Contracts and Unexpired Leases
Introduction; Treatment of Executory Contracts and Unexpired Leases; Specific Situations
– Phillip Bohl & Abigail McGibbon

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 Halberstadt

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 Singer & Jeff Smith

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 Lurken

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; Statutes of Limitations; State Fraudulent Transfer Laws
– Mark J. Kalla & Steven Kinsella

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 Dove

Post-Petition Transfers and Setoffs
Post-Petition Transfers – 11 U.S.C. § 549; Setoff and Recoupment
– Thomas E. Hoffman & Steven W. Meyer  

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 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
– James L. Baillie, James C. Brand, Clinton E. Cutler, Cynthia A. Moyer, Ryan T. Murphy, Sarah M. Olson, & Steven R. Kinsella

Chapter 12 – Family Farmer with Regular Income
Introduction; Commencing the Chapter 12 Case; The Chapter 12 Trustee; Debtor in Possession; Formulating and Filing a Chapter 12 Plan; The Section 341 Meeting of Creditors; Motions for Relief from the Automatic Stay; Motions for Use of Cash Collateral; Assuming and Rejecting Leases; Motions to Sell; Obtaining Credit; Confirmation of the Plan; Special Tax Provisions – Elimination of Capital Gains Tax; Conversion and Dismissal; 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 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 Bruzek & Ronald J. Lundquist  

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
– Amy J. Swedberg & Jason Reed

Adversary Proceedings and Contested Matters
Introduction: Two Kinds of Disputes; Adversary Proceedings; Contested Matters; Issues Common to Adversary Proceedings and Contested Matters
– Lara O. Glaesman & Adine S. Momoh

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, Kristopher D. Lee, Michael A. Rosow & Ian Rubenstrunk

Attorneys and Other Professionals
Introduction; Retention and Payment of Debtor’s Counsel in Chapter 7 Cases; Retention and Payment of Debtors’ Counsel in Chapter 13 Cases; Payment of Debtor’s 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
– Edwin H. Caldie & Amanda Schlitz

Bankruptcy Tax and Accounting Issues
Introduction; Individual Debtor Bankruptcies; Partnership and Corporate Bankruptcies; Cancellation of Debt; Net Operating Losses; Tax Consequences to Creditors; Tax Compliance
– Thomas Brever & David Zoss

Bankruptcy Crimes and Fraud
Bankruptcy Crimes; Related Crimes; Practice Considerations
– Nauni J. Manty

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

  • Chapter 13 Plan (Chapter 21)
  • Debtor in Possession Bank Accounts Reporting Form (Chapter 20)
  • Local Form 4001-1 – Loan History  (Chapter 7)
  • Local Form 4001-2(a) – Order Granting Relief from Stay – Pre-Discharge (Chapter 7)
  • Local Form 4001-2(b) – Order Granting Relief from Stay – Post-Discharge (Chapter 7)
  • Monthly Cash Receipts and Disbursements Statement (Chapter 20) 
  • Notice Required by 11 U.S.C. § 527(b)  (Chapter 18)
  • Summary of Operations for Chapter 12 Case (Chapter 20)
  • Tax Deposit Statement (Chapter 20)

HARD COPY:  $199
LINKEDLAW:  $125 for 1-year subscription

Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Other discounts that may apply:

Quantity discount:
Please email or call 800-759-8840 to inquire about bulk orders.

Take Your Deskbooks to the Next Level With LinkedLaw

Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw eDeskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw eDeskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book. 

And, with a LinkedLaw eDeskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available at no extra cost.

LinkedLaw eDeskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!

View All Titles

View Sample

Purchasing LinkedLaw eDeskbook Subscriptions
LinkedLaw eDeskbooks are sold individually on an annual subscription basis and must be purchased online. The price of a LinkedLaw eDeskbook subscription includes all updates and new editions that are published during the subscription period. They are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available to the user at no extra cost. No action or additional purchase is required during the subscription period to keep the LinkedLaw eDeskbook up-to-date.

Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.

Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.

LinkedLaw can be used on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.

LinkedLaw also can be used on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.

The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw eDeskbook.

Test your system by viewing this LinkedLaw sample:

View Sample

I understand and agree to the following:

  1. The LinkedLaw subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

  2. Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw eDeskbook during your subscription period. Sections of the eDeskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw eDeskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.

  3. Disclaimer and Limitation of Liability:

    Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.

    The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.

    Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.

    Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.

  4. Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.

  5. This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.


Do I need any special hardware or software to use LinkedLaw?

LinkedLaw can be used in any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw eDeskbook sample.


May I preview LinkedLaw before deciding to subscribe?

You are welcome to give the LinkedLaw eDeskbook sample a test drive!


May I subscribe to a LinkedLaw eDesbook over the phone?

No, purchasing a subscription online is how you activate the link to access your eDeskbook subscription.


Can I be invoiced for a LinkedLaw eDeskbook subscription?

No, subscriptions must be purchased and paid for online.


Is the length of my subscription rounded off to the nearest week or month?

No, your subscription will run one full year, to the day. You can see the expiration date of your subscription under My Account  > eResources & Publications.


Once I’ve purchased a LinkedLaw eDeskbook subscription, how do I access it?

Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications. Click the VIEW button by the LinkedLaw eDeskbook title.


Will I always have access to the LinkedLaw eDeskbook eFormbook?

Yes, you will always have access to the eFormbook as long as you have an active subscription to the LinkedLaw eDeskbook.


Do I need to purchase updates for my LinkedLaw eDeskbook?

No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into your LinkedLaw eDeskbook.


Can I download the forms in my eFormbook?

Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.