DEBTOR - CREDITOR HANDBOOK WITH EFORMBOOK-LINKEDLAW
LinkedLaw eDeskbook
ITEM #:  60099000   |   PUBLISHED:  JUNE 11, 2018
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Debtor-Creditor Handbook with eFormbook, 11th Edition

Edited by James L. Baillie, Phillip L. Kunkel, Ryan T. Murphy & Samuel J.H. Sigelman

The Debtor-Creditor Handbook with eFormbook is written to be a user-friendly guide to judgments and execution, precollection practice, debtor’s assets, liens, collection and defense, secured and unsecured creditors, and much more! The Handbook is written by experienced attorneys and judges, and edited by James Baillie and Phillip Kunkel to ensure both accuracy as well as a balanced approach to all topics covered in this valuable resource. The 11th Edition of the  Debtor-Creditor Handbook includes a brand-new chapter covering Remedies Available Against LLC Entities as well as updates to every chapter, new practice tips and author comments, updated forms, and much more!

2018 UPDATE
The 2018 Update to the Debtor Creditor Handbook with eFormbook includes updates to all 26 existing chapters, updated forms, and a brand-new chapter on Commercial Lending. The Update covers new case law and changes to statutes and rules. Update highlights include a new chapter covering topics in Commercial Lending, analysis of the latest Supreme Court decisions related to the Fair Debt Collection Practices Act, new sections on 2018 successor-in-interest requirements, an updated chapter including the latest revisions to Minnesota’s Farmer-Lender Mediation Act, updated practice tips throughout the Handbook, and much more! The updated Debtor Creditor eFormbook also provides subscribers will electronic access to more than 160 forms! The Debtor Creditor Handbook with eFormbook is better than ever, and a must-have for any attorneys practicing in this area!

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CHAPTER 1
Fair Debt Collection Practices Act
Introduction; Overview of Fair Debt Collection Practices Act; Consumer Protections
– Todd Murray

CHAPTER 2
Exemptions
Introduction; Minnesota Exemptions; Bankruptcy Code; Risks of Bankruptcy; Appendix A – Chart Comparing Exemptions
– Ryan T. Murphy

CHAPTER 3
Farmer-Lender Mediation Act
Introduction; Voluntary Mediation Proceedings; Mandatory Mediation: Applicability; Mandatory Mediation: Pre-Mediation: Pre-Mediation Notices and Filings; Mandatory Mediation: Other Pre-Mediation Procedures and Requirements; Mandatory Mediation: Mediation Procedure; Mandatory Mediation: Post-Mediation Procedure
– Matthew C. Berger & Dean Zimmerli

CHAPTER 4
Charging Orders and Other Remedies with Respect to Interests in Partnerships and LLCs
Introduction; The Charging Order Remedy; Exceptions to Charging Order Exclusivity
– Terese A. West

CHAPTER 5
Attachment
Introduction; Actions Where Remedy is Available, Jurisdiction and Venue; Grounds for Attachment; Property Subject to Attachment; Procedure for Attachment; Duties of the Sheriff; Rights of Respondent; Nature of the Attachment Lien and Priority; Claims of Third Parties; Enforcement of the Attachment Lien; Release Upon Satisfaction or Discharge
– James L. Baillie

CHAPTER 6
Judgments and Execution
Judgments; Execution
– Andrew J. Steil

CHAPTER 7
Locating Assets
Introduction; Non-Judicial Methods of Locating Assets; Judicial Methods of Locating Assets
– Derrick N. Weber & Megan J. Kunze

CHAPTER 8
Working With the Sheriff
History of the Office of Sheriff; Introduction to the Minnesota Sheriff; Sheriff’s Powers and Duties; Receipt of Process; Methods of Collection; Appendix A – Anoka County Sheriff’s Office Civil Process Fee Schedule; Appendix B – Minnesota State Sheriff’s Association Directory (2015); Appendix C – Financial Institution Levy; Appendix D – Levy on Earnings; Appendix E – Writ of Execution/Sale of Homestead Property; Appendix F – Writ of Execution/Sale of Non-Homestead Property; Appendix G – Writ of Execution/Sale of Personal Property
– Rod Nelson

CHAPTER 9
Garnishment
Background; When Garnishment is Authorized; Procedures; Types of Property Which May Become Subject to Garnishment; Federal Benefit Payments; Procedures/Rights Affecting Garnishee; Rights of Debtor; Rights of Third Parties; Garnishment of Funds at a Financial Institution; Pre-Judgment Garnishment
– Thomas E. Hoffman

CHAPTER 10
Receiverships and Assignment for the Benefit of Creditors
Introduction; General and Limited Receiverships; From Appointment to Discharge Under the Statute; Assignment for the Benefit of Creditors; Affected Statutes; Appendix A – S.F. No. 2327 (Proposed Amendments to Minnesota Statutes section 559.17); Appendix B – H.F. No. 2650 (Proposed Amendments to Minnesota Statutes Section 559.17)
– Jeffrey R. Ansel

CHAPTER 11
Involuntary Bankruptcy
Introduction; Jurisdiction and Venue; Debtors Subject to an Involuntary Bankruptcy Proceeding; Petitioning Creditor Requirements; Procedure; Defenses to an Involuntary Petition; Gap Period; Miscellaneous Issues if Bankruptcy Order for Relief Issues
– James A. Lodoen

CHAPTER 12
Fraudulent Transfers, Now Voidable Transactions, and State Law Preferences
Introduction; What Law Applies; Elements of a Fraudulent Transfer Under UFTA and a Voidable Transaction Under UVTA; Limitations Period; Transfers Which Are Not Fraudulent Under UFTA or Voidable Under UVTA; Right to Jury Trial; Litigation Considerations; Standing; Remedies; Transferee Defenses; Leveraged Buyouts as Voidable Transactions; Intercorporate Guaranties; Ponzi Schemes as Fraudulent Transfers; Related Areas; State Law Preferences; Appendix A – Comparison of Bankruptcy Code § 548, UFCA, UFTA, and UVTA Provisions
– Shannon M. O’Toole

CHAPTER 13
Garnishing Wages of Federal Employees
Introduction; The Waivers of Sovereign Immunity; Garnishments for Child Support and Alimony; Garnishments for Consumer Debts
– Friedrich A. P. Siekert & Cindy Loken

CHAPTER 14
Mechanics Liens
Introduction; Persons Entitled to a Mechanic’s Lien; Property Interests Subject to a Mechanic’s Lien; Pre-Lien Notice; Amount of the Mechanic’s Lien; Rights of an Owner to Make and Withhold Payment; Perfecting the Mechanic’s Lien; Priorities; Foreclosure; Findings of Fact, Conclusions of Law, and Order for Judgment; Sale of the Real Estate; Bankruptcy; Civil Remedy for Contractor Conversion
– Gregory T. Spalj, Nathan R. Sellers & Sara E. Porter

CHAPTER 15
Contractors’ Surety Bonds and Miller Act
Contractor Surety Bonds; Minnesota Public Works’ Bonds; Private Contract Bonds; Federal Contract Bonds (Miller Act Bonds); Rights of the Surety; Commercial and Miscellaneous Bonds; Developer/Subdivision Bonds; Motor Vehicle Dealer’s Bond; Mechanic’s Lien Discharge Bonds; Grain Buyer’s and Grain Storage Bonds; Probate Bonds
– Daniel R. Gregerson & Margaret L. Evavold

CHAPTER 16
Statutory Liens and Other Special Rights of Creditors
Introduction; Federal Statutory Trusts, Liens, Rights, and Priorities; Minnesota Statutory Liens Under Chapter 514; Other Statutory Liens; State Criminal Forfeiture Provisions; Local Unit of Government Liens
– Jennifer G. Lurken & Jeffrey D. Klobucar

CHAPTER 17
Tax Claims, Tax Liens, and Hot Goods
Introduction; Federal Tax Claims; Federal Tax Liens and Collection Procedures; State Tax; State Sales Taxes Payable by Lender; State Gift Tax; Vehicle Registration Tax; Unemployment Taxes; Minnesota’s Successor Liability Tax Statute; Requirements for Financial Institutions to Provide Data to the Minnesota Department of Revenue; Hot Goods
– Hon. Kathleen H. Sanberg & Michael R. Stewart

CHAPTER 18
Debtor Creditor Provisions in the Uniform Commercial Code
Introduction; General Provisions of the U.C.C.; Sales of Goods; Security Interests in Personal Property Leases; Negotiable Instruments and Deposit Accounts; Security Interests in Letters of Credit; Warehouse Receipts and Documents of Title; Security Interests in Investment Property
– Phillip L. Kunkel & Abigail M. McGibbon

CHAPTER 19
Secured Transactions Under The Uniform Commercial Code Article 9
Introduction; Scope of Article 9; Attachment of a Security Interest; Perfection of Security Interests; Choice of Law Rules; Priorities Among Conflicting Claimants; Default and Enforcement
– Steven W. Meyer & Emily M. Hendricks

CHAPTER 20
Replevin and Claim Delivery
Introduction; Jurisdiction and Venue; Prerequisites; Procedure for Claim Delivery; Jury Trial Subsequent Hearings, Verdict, and Judgment
– James L. Baillie

CHAPTER 21
The Basics of Representing Creditors in Bankruptcy Cases
Introduction; Bankruptcy Overview; Initial Actions; The Automatic Stay; Proofs of Claim; Discharge and Dischargeability; Specific Types of Claims; Avoidance Actions; Appeals; Jurisdiction and Authority of the Bankruptcy Court
– Erin Bryan & Alexander A. Rich

CHAPTER 22
Guaranties and Their Enforcement
Introduction; Identification of a Guaranty; General Legal Principles Applicable to a Guaranty; Determining When a Demand May be Made on a Guaranty; Revocable Versus Irrevocable Guaranties; Suretyship Defenses and Their Waiver; Defenses to Guaranty Enforcement; Subrogation; Multiple Guarantor Rules
– Steven J. Heim

CHAPTER 23
Workouts
Workouts Generally, From a Debtor’s Perspective; Workouts From a Lender’s Perspective Document Review; Review of Operations; Physical Inspection; Legal Review; Zone of Insolvency; Remedial Options; Other; Appendix A – Commercial Loan Workouts Checklist
– Mark J. Kalla & Kenneth Corey-Edstrom

CHAPTER 24
Foreclosures
Foreclosure by Advertisement Versus Foreclosure by Action; Foreclosure by Advertisement; Foreclosure by Action; Voluntary Foreclosures; Short Sales
– D. Charles Macdonald

CHAPTER 25
Consumer Protections Under the Servicemembers Civil Relief Act
Introduction; Purpose of the Servicemembers Civil Relief Act; Definitions – 50 U.S.C. § 3911; Jurisdiction – 50 U.S.C. § 3912; Beginning and Termination of Protections; Extension to Persons Secondarily Liable – 50 U.S.C. § 3913; Waiver of Rights and Protections Under the SCRA – 50 U.S.C. § 3918; Protection From Discrimination Against Servicemember – 50 U.S.C. § 3919; Default Judgments – 50 U.S.C. § 3931; Stay Provisions – 50 U.S.C. § 3921; Stay Where Servicemember Has Notice – 50 U.S.C. § 3932; Fines or Penalties Under Contracts – 50 U.S.C. § 3933; Stay or Vacation of Judgments – 50 U.S.C. § 3934; Tolling of Statutes of Limitation – 50 U.S.C. § 3936; Maximum Interest Cap on Pre-Service Debt – 50 U.S.C. § 3937; Evictions – 50 U.S.C. § 3951; Installment Contracts for Purchase or Lease – 50 U.S.C. § 3952; Mortgage Foreclosure Protection - 50 U.S.C. § 3953; Servicemember’s Right to Terminate Leases (Home, Business, Auto) – 50 U.S.C. § 3951-3959; Termination of Vehicle Leases; Termination of Telephone Service Contracts - 50 U.S.C. § 3956; Enforcement of Liens - 50 U.S.C. § 3958; Business or Trade Obligations Protections - 50 U.S.C. § 4926; Title VIII: Civil Liability; Minnesota Statutory Provisions; Appendix A – Additional Resources; Appendix B – Servicemembers Civil Relief Act Financial Services Provisions December 1, 2015 Recodification Chart
– Johanna Clyborne

CHAPTER 26
Consumer Law Considerations
Introduction; The Consumer Financial Protection Bureau: Section 1022(b) of the Dodd Frank Act, 12 U.S.C. § 5512(b); RESPA Servicing Provisions; Truth In Lending Act Servicing Rule: TILA §§ 139c(h), 129f, 129g (15 U.S.C. §§ 1639c(h), 1639f, 1639g): 12 C.F.R. § 1026.36(c); Other TILA Provisions; Setoff; Bankruptcy Special Rules for Primary Residencens: Bankruptcy Rule 3001(c); Garn-St Germain Depository Institutions Act: 12 U.S.C. § 1701j-3; Credit Practices Rule (Regulation AA): Interagency Guidance Regarding Unfair or Deceptive Credit Practices; Telephone Consumer Protection Act: 47 U.S.C. § 227; 47 C.F.R. § 64.1200; No Robosigning/Notary Practices; Minnesota Homeowner’s Bill of Rights: Minn. Stat. § 582.043; MERS and “Show Me the Note” Defenses in Minnesota.
– Heather Thayer, Amanda M. Daeges & Amy Thoreson Long  

CHAPTER 27
Topics in Commercial Lending
Spectrums of Commercial Lending; Minnesota’s Credit Agreement Statute of Frauds; Regulatory Authority for Public Utility Borrowing; Corporate Formalities;
– James M. Pfau & Breia L. Schleuss

Table of Authorities
Cases; Minnesota Statutes; Code of Federal Regulations; Uniform Commercial Code; United States Code; Miscellaneous

Subject Index

Farmer Lender Mediation Act

  • Pre-Mediation Notice for Default on Contract for Deed
  • Pre-Mediation Notice for Default on Mortgage
  • Pre-Mediation Notice for Outstanding Judgment
  • Creditor’s Notice to Director’s Designee
  • Pre-Mediation Notice for Default on Secured Transaction

Assignment and Composition Agreements

  • Assignment for the Benefit of Creditors (Statutory)
  • Composition Agreement

Attachment

  • Application for Preliminary Attachment Order
  • Affidavit for Preliminary Attachment Order
  • Affidavit for Attachment Order
  • Memorandum in Support of Application for Preliminary Attachment Order
  • Preliminary Attachment Order
  • Notice of Hearing (Preliminary Attachment)
  • Motion for Attachment Order
  • Affidavit for Attachment Order
  • Notice of Hearing for Attachment Order
  • Memorandum in Support of Motion for Attachment Order
  • Attachment Order

Judgments and Execution

  • Charging Order
  • Plaintiff’s Memorandum of Law in Support of Motion for Charging Order
  • Plaintiff’s Motion for Charging Order
  • Sheriff’s Levy
  • Sheriff’s Certificate
  • Certificate Regarding Insufficient Property Found
  • Certificate Regarding No Property Found
  • Written Statement of Claim
  • Notice of Sheriff’s Execution Sale
  • Satisfaction of Judgment
  • Partial Satisfaction of Judgment
  • Confession of Judgment
  • Promissory Note
  • Affidavit and Order for Examination of Third Person
  • Execution Exemption Notice and Notice of Intent to Levy on Earnings
  • Earnings Execution Disclosure
  • Earnings Execution Disclosure (use when calculating child support)
  • Financial Institutions Execution Disclosure
  • Sheriff’s Levy Notice and Instructions
  • Exemption Form
  • Creditor’s Notice of Objection and Notice of Hearing on Exemption Claim
  • Notice of Third Party Levy and Disclosure (Other than Earnings)
  • Attorney’s Levy Notice and Instruction
  • Notice of Levy on Earnings and Disclosure
  • Notice of Levy on Earnings and Disclosure (use when calculating child support)
  • Request for Information From Employer
  • Wage Authorization
  • Request for Information Regarding Unemployment Compensation
  • Request for Information From Postmaster
  • Creditor Notice of Intention to Redeem

Discovery of Assets

  • Plaintiff’s Post-Judgment Interrogatories to Individual Defendant
  • Plaintiff’s Post-Judgment Interrogatories to Corporate Defendant
  • Subpoena/Subpoena Duces Tecum
  • Notice of Motion and Motion For Contempt of Court
  • Notice of Taking of Deposition
  • Affidavit of Plaintiff’s Counsel
  • Schedule of Items, Records, and Documents (for Individual Judgment Defendant)
  • Schedule of Items, Records, and Documents (for Company Judgment Defendant)
  • Order to Show Cause
  • Findings of Fact, Conclusions of Law, and Order for Bench Warrant
  • Request for Order for Disclosure
  • Order for Disclosure
  • Financial Disclosure Form
  • Summary of Exempt Property
  • Rule 11 of Minnesota Rules of Practice for District Court Submission of Confidential Information
  • Gen. R. Prac. Form 11.1 – Confidential Information Form
  • Gen. R. Prac. Form 11.1 – Sealed Financial Source Documents

Garnishment

  • Garnishment Checklist
  • Exemption Notice
  • Garnishment Summons
  • Garnishment Earning Disclosure Form and Worksheet
  • Garnishment Earnings Disclosure Form and Worksheet for Child Support Debtor
  • Nonearnings Disclosure
  • Garnishment Notice and Instructions
  • Exemption Form
  • Creditor’s Notice of Objection and Hearing on Exemption Claim
  • Exemption Notice Prejudgment
  • Notice of Intent to Garnish Prejudgment
  • Garnishment Exemption Notice and Notice of Intent to Garnish Earnings
  • Notice of Hearing and Exemption Notice to Secure Property Before Garnishment Hearing
  • Notice of Hearing and Exemption Notice

Mechanic’s Liens

  • Mechanic’s Liens Checklist
  • Mechanic’s Liens Intake Sheet
  • Notice to Owner by General Contractor
  • Notice to Owner by Lien Claimant (Subcontractor)
  • Full Lien Waiver
  • Partial Lien Waiver
  • Satisfaction of Mechanic’s Lien
  • Promissory Note Preserving Lien Rights
  • Fee Owner’s Letter of Notice of Unauthorized Improvements to All Contractors
  • Contract Vendor’s Letter of Notice of Unauthorized Improvements to All Contractors, Subcontractors & Materialmen
  • Mechanic’s Lien Statement by Individual
  • Mechanic’s Lien Statement by Corporation
  • Notice of Lis Pendens

Replevin and Claim and Delivery

  • Summons for Replevin
  • Complaint for Replevin
  • Motion for Claim and Delivery
  • Notice of Hearing for Claim and Delivery
  • Affidavit in Support of Motion for Claim and Delivery
  • Memorandum in Support of Motion for Claim and Delivery 
  • Order for Claim and Delivery 
  • Application for Temporary Order of Claim and Delivery – Prehearing Seizure
  • Affidavit for Claim and Delivery – Prehearing Seizure
  • Memorandum in Support of Motion for Claim and Delivery – Prehearing Seizure
  • Temporary Order for Claim and Delivery
  • Notice of Hearing for Claim and Delivery – Prehearing Seizure

Bankruptcy

  • Voluntary Petition for Individuals
  • Voluntary Petition for Non-Individuals
  • Schedules – Summary
  • Schedules A and B
  • Schedule C
  • Schedule D
  • Schedules E and F
  • Schedule G
  • Schedule H
  • Schedule I
  • Schedule J
  • Declaration
  • Statement of Financial Affairs
  • Proof of Claim
  • Declaration Under Penalty of Perjury on Behalf of a Corporation or Partnership
  • Application and Order to Pay Filing Fee In Installments
  • List of Creditors Holding 20 Largest Unsecured Claims: Chapter 11
  • List of Creditors Holding 20 Largest Unsecured Claims: Chapter 11 or 9
  • Involuntary Petition Against an Individual
  • Involuntary Petition Against Non-Individual
  • Summons for Involuntary Bankruptcy Proceeding
  • Individual Debtor’s Statement of Intention
  • Statement of Compensation by Debtor’s Attorney
  • Proof of Authority to Sign and File Petition
  • Conversion of Case by Debtor
  • Notice of Trustee’s Final Report and Account
  • Notice of Case to Equity Security Holders
  • Notice of Withdrawal
  • Chapter 13 Attorney Fee Application
  • Chapter 13 Plan
  • Report of Ballot Tabulation
  • Reaffirmation Agreement (Federal – 12-11)
  • Reaffirmation Agreement (Local 4008-1 – 1-07)
  • Notice of Trustee’s Sale (or other disposition)
  • Instrument of Transfer of Real Property
  • Unsworn Certificate of Service
  • Notice of Hearing and Motion
  • Proof of Claim (For Chapter 7, 11, or 12 – Duluth)
  • Proof of Claim (For Chapter 7, 11, or 12 – Fergus Falls)
  • Proof of Claim (For Chapter 7, 11, or 12 – Minneapolis)
  • Proof of Claim (For Chapter 7, 11, or 12 – St. Paul)
  • Reaffirmation Agreement Cover Sheet
  • Mortgage Proof of Claim Attachment
  • Notice of Mortgage Payment Change
  • Notice of Postpetition Mortgage Fee, Expenses, and Charges

Miscellaneous Forms

  • Complaint
  • Notice of Claim on Payment Bond for Public Works
  • Account Control Agreement
  • Reclamation Notice
  • Notice of Hearing and Motion on Objection to Claimed Exemption
  • Memorandum in Support of Motion on Objection to Claimed Exemption
  • Unsworn Declaration of Service
  • Order
  • Schedule C – Property Claimed as Exempt

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