Category: Bankruptcy

Real Estate Issues Involving Bankruptcy: November 2012 Real Estate Radio Hour Legal Minute

One of the trickiest areas of real estate law involves the intersection of real estate and bankruptcy law.  When someone files bankruptcy, what happens to the real estate they own?  What is the effect on recently completed transactions or pending

Posted in Bankruptcy, Blog, Real Estate Law, Real Estate Radio Hour Legal Minute

Minnesota Homeowners Can Now Remove Second Mortgages From Homes In Certain Circumstances

Six months ago I posted on this blog about Minnesota bankruptcy judges bucking a nationwide trend by not allowing debtors to remove second mortgages from their homes in a Chapter 13 bankruptcy. Thankfully, we now have controlling precedent from the Eighth

Posted in Bankruptcy, Blog

Minnesota Court Prevents Stripping Off Second Mortgage in Chapter 13 Bankruptcy

Minnesota has long had a history of marching to the beat of its own drummer.  For example, in politics, Minnesota was the only state in the U.S. in 1984 to vote for Walter Mondale for President over Ronald Reagan (granted,

Posted in Bankruptcy, Blog

Asset Protection and Limited Liability Companies, Revisited

A few months back, my partner and I collaborated on an article regarding the asset protection benefits of limited liability companies.  In that article, we discussed a significant difference for creditors’ remedies in pursuing a debtor’s equity interests in business entities, particularly

Posted in asset protection, Bankruptcy, Blog, Business Law, debtor-creditor