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    Lessons from the Archdiocese Case
    2018-10-10

    When the Minnesota legislature opened a three-year window for victims of sexual abuse to commence lawsuits, hundreds of lawsuits were filed against the Archdiocese of St. Paul and Minneapolis and other Catholic dioceses and organizations. The thee-year window closed on May 25, 2016. Some of the cases filed during the three-year window were tried or settled, but a large number remained. The total potential exposure exceeds the ability of the different Catholic entities to pay.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Fredrikson & Byron PA
    Authors:
    James L. Baillie
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Minnesota Enacted a New Health Savings Account Exemption and Increased Exemptions Including for the Homestead
    2018-07-26

    Minnesota law provides that certain types of assets are exempt from creditor collection. These exemptions impact individual clients in a wide-range of matters ranging from estate planning to judgment executions to bankruptcy filings. The Minnesota legislature recently enacted a new exemption protecting up to $25,000 held in a health savings account. In addition, the Minnesota Commerce Department recently announced that certain exemptions have been increased, including the homestead to $429,000 and the farmstead to $1,072,500.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Fredrikson & Byron PA
    Authors:
    Ryan T. Murphy
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Minnesota State Court Defendants Win Partial Summary Judgment Over RFC and ResCap
    2017-02-02

    Wednesday, February 1 brought a welcome development for the many correspondent lenders currently defending against claims filed by (or threatened with future lawsuits by) Residential Funding Company (“RFC”) and its successor-in-interest, the ResCap Liquidating Trust (“ResCap”).

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Litigation, Bilzin Sumberg, Causation (law), United States bankruptcy court
    Authors:
    Philip R. Stein
    Location:
    USA
    Firm:
    Bilzin Sumberg
    Coulee Bank assumes all of the deposits of Pinehurst Bank
    2010-05-23

    On Friday, the Minnesota Department of Commerce closed Pinehurst Bank, headquartered in Saint Paul, Minnesota. As receiver, the FDIC entered into a purchase agreement with Coulee Bank, headquartered in LaCrosse, Wisconsin, to assume all of the deposits of Pinehurst Bank.

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Alston & Bird LLP, US Department of Commerce, Federal Deposit Insurance Corporation (USA)
    Authors:
    Andrew Jones
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Nonresident parent companies may be liable for claims against their Minnesota subsidiaries under new court of appeals ruling
    2010-10-12

    The Minnesota Court of Appeals recently ruled that a nonresident parent company may be subject to suit in Minnesota for damages claims against its insolvent Minnesota subsidiary company. The decision would appear to defeat a primary reason for forming a separate subsidiary business entity: the protection of related entities and their assets from potential liability arising from the business operations of the subsidiary.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Legal personality, Limited liability company, Personal jurisdiction, Debt, Mortgage loan, Good faith, Holding company, Subsidiary, Parent company, Minnesota Court of Appeals, Minnesota Supreme Court
    Authors:
    Gary A Van Cleve
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Lease claims: you snooze, you lose
    2015-03-11

    In re Sky Ventures, LLC, 523 B.R. 163 (Bankr. D. Minn. 2014) –

    After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection date and for allowance of an administrative expense priority claim for post-petition rent.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Controlling shareholder’s bankruptcy does not render entity insolvent; fraud claim uninsurable as a matter of law
    2013-04-09

    Applying Minnesota law, a federal district court has held that, where an entity’s principal shareholder was insolvent, but the entity was not, the individual’s insolvency could not be attributed to the entity for purposes of establishing Side A coverage for “Non-Indemnifiable Loss.” Zayed v. Arch Ins. Co., 2013 WL 1183952 (D. Minn. Mar. 20, 2013). The court further held that allegations of fraudulent inducement did not trigger an exclusion for claims “arising from” contractual liability, but that the claim was uninsurable as matter of law.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Shareholder, Breach of contract, Fraud
    Location:
    USA
    Firm:
    Wiley Rein LLP
    The new framework for receiverships in Minnesota
    2012-07-31

    As of August 1st, the legal landscape for receiverships in the State of Minnesota will change dramatically. Receiverships have long been used a remedy for mortgage lenders to preserve commercial property in foreclosure, but a lack of clear guidance under Minnesota law has been problematic for all parties. The Minnesota State Bar Association convened a panel of experienced debtor creditor attorneys to create a new statutory framework, which was eventually passed by the Legislature and signed by the Governor this spring. The new receivership statute, codified under Minnesota St

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Foreclosure
    Authors:
    Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Revisions to Minnesota statutes addressing receiverships and assignments for the benefit of creditors
    2012-06-20

    Receiverships and assignments for the benefit of creditors (ABCs) can be important tools for banks and other lenders when a borrower is suffering financial distress. Because they are often cost-effective and efficient, receiverships are being used increasingly throughout the country, and ABCs are commonly utilized in many states. In Minnesota, however, the statutes regarding receiverships and ABCs were outdated or largely ignored; as a result, receivership practices and procedures are not uniform, and ABCs are almost never used.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Fredrikson & Byron PA, Debtor
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Commercial financial services brief: Minnesota poised to adopt new statutes governing receiverships and assignments for the benefit of creditors
    2012-03-29

    On March 28, 2012, the Minnesota Legislature gave final passage to HF 382, a comprehensive revision of Minnesota statutes governing receiverships and assignments for the benefit of creditors (ABCs) in the state. Following signature by the governor (which is expected), the new statutes will take effect on August 1, 2012. Sponsored by the Minnesota State Bar Association and its Business Law and Real Property Sections, the new statutes are the product of more than two years of work by a committee of Minnesota lawyers and receivers.

    Receiverships

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Lathrop GPM, Bankruptcy, Legal personality, Commercial property, Liquidation, Substantive law
    Authors:
    Stephen F. Grinnell , Phillip L. Kunkel
    Location:
    USA
    Firm:
    Lathrop GPM

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