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

CHAPTER 2
Exemptions
Introduction; Minnesota Exemptions; Bankruptcy Code; Risks of Bankruptcy Planning; Appendix A – Chart Comparing Exemptions
– James C. Brand

CHAPTER 3
Farmer-Lender Mediation Act
Introduction; Voluntary Mediation Proceedings; Mandatory Mediation: Applicability; Mandatory 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 M. 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
– Terri A. Running

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 the 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
– Marcus S. Boston & Derrick N. Weber

CHAPTER 8
Working with the Sheriff
History of the Office of the 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 Sheriffs’ Association Directory; 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 that May Become Subject to Garnishment; Federal Benefit Payments; Procedures/Rights Affecting Garnishee; Rights of a Debtor; Rights of Third Parties; Garnishment of Funds at a Financial Institution; Pre-Judgment Garnishment
– Michael A. Cavallaro & Molly N. Sigler

CHAPTER 10
Receiverships and Assignments for the Benefit of Creditors
Introduction; General and Limited Receiverships; From Appointment to Discharge Under the Statute; Assignments for the Benefit of Creditors
– 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 & Charles E. Nelson

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 That 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
– Cynthia L. Hegarty

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. Siekert & Cindy Loken

CHAPTER 14
Mechanic’s 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 to 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
– Julia J. Douglass & Nathan R. Sellers

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 & Benjamin M. Scheel

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; Affordable Care Act’s Shared Responsibility
– Michael R. Stewart & Adam C. Ballinger

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
– Anthony D. Todero

CHAPTER 19
Secured Transactions under 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 & C.J. Harayda

CHAPTER 20
Replevin and Claim Delivery
Introduction; Jurisdiction and Venue; Prerequisites; Procedure for Claim and 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 & Natasha Wells

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, Sachin Darji & Ben Gurstelle

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
– David M. Tanabe & Kenneth C. Edstrom

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

CHAPTER 25
Consumer Protections under the Servicemembers Civil Relief Act
Introduction; Purpose of the Servicemembers Civil Relieve 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. § 3931; 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. § 4026; Title VIII: Civil Liability; Minnesota Statutory Protections; Appendix A – Additional Resources; Appendix B – Servicemembers Civil Relief Act Financial Services Provisions Recodification Chart
– Johanna P. 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); Real Estate Settlement Procedures Act Servicing Provisions; Truth in Lending Act Servicing Rule – TILA §§ 129C(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 Residences – 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; Mortgage Electronic Registration System and “Show Me the Note” Defenses in Minnesota
– Amanda M. Daeges, Amy Thoreson Long & Heather B. Thayer

CHAPTER 27
Topics in Commercial Lending
Introduction; 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

CHAPTER 28
Municipal and Corporate Bonds
Introduction; Types of Debt Securities; Parties Involved in a Bond Transaction; The Trust Indenture Act of 1939; The Trustee’s Role and Duties Before and After Default; Trust Instructions; Other Non-Bankruptcy Remedies; Bankruptcy; Tax Implications, Tax Exempt Bond Defaults, and Restructurings
– Karla M. Vehrs & William P. Wassweiler

Table of Authorities
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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