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!
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!
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.
Fair Debt Collection Practices Act
Introduction; Overview of Fair Debt Collection Practices Act; Consumer Protections
– Todd Murray
Introduction; Minnesota Exemptions; Bankruptcy Code; Risks of Bankruptcy; Appendix A – Chart Comparing Exemptions
– Ryan T. Murphy
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
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
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
Judgments and Execution
– Andrew J. Steil
Introduction; Non-Judicial Methods of Locating Assets; Judicial Methods of Locating Assets
– Derrick N. Weber & Megan J. Kunze
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
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
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
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
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
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
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
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
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
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
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
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
Replevin and Claim Delivery
Introduction; Jurisdiction and Venue; Prerequisites; Procedure for Claim Delivery; Jury Trial Subsequent Hearings, Verdict, and Judgment
– James L. Baillie
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
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
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
Foreclosure by Advertisement Versus Foreclosure by Action; Foreclosure by Advertisement; Foreclosure by Action; Voluntary Foreclosures; Short Sales
– D. Charles Macdonald
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
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
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
Farmer Lender Mediation Act
Assignment and Composition Agreements
Judgments and Execution
Discovery of Assets
Replevin and Claim and Delivery
HARD COPY + eFORMBOOK: $209
LINKEDLAW + eFORMBOOK: $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:
Please email firstname.lastname@example.org or call 800-759-8840 to inquire about bulk orders.
Owners of Hard Copy:
Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.
Owners of LinkedLaw:
Access the eFormbook directly from within your LinkedLaw book. (LinkedLaw books can be accessed through your account on the Minnesota CLE website under My Account > eResources & Publications.)
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!
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:
I understand and agree to the following:
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.
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.
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.
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.
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.