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The Restructuring Report

Five Tips to Remember When Negotiating with Ag Lenders

February 19, 2019

We are currently in or entering a new bust cycle in production agriculture. While producers have generally managed to continue operating, bankruptcy filings and farm foreclosures are on the rise and prior fixes may no longer be available. Dealing with lenders can be a challenge in these circumstances, and it is important for professionals advising producers to follow a few simple rules to effectively negotiate with their clients’ lenders.

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How Do the Recent Rule Changes Affect You?

February 19, 2019

This article provides a brief examination of the changes in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure that went into effect on December 1, 2018, and how those changes may impact the bankruptcy practice.

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What Does the Rebound From the Great Recession Reveal About the Nature of the Next Slow-Down?

February 19, 2019

Worldwide debt has grown to nearly $250 trillion, a substantial increase since the Great Recession in 2008. The makeup of the debt held by individuals has changed and the amount of corporate debt has significantly increased. With economic challenges on the horizon, these changes will likely affect the processes individuals and corporations pursue to address debt.

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The Southern District of Texas: The Next Big Venue in Commercial Bankruptcy?

October 10, 2018

The Southern District of Texas’s recent popularity in commercial filings, stemming from a number of factors, makes it a new contender to be one of the busiest commercial bankruptcy districts in the country.

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Lessons from the Archdiocese Case

October 10, 2018

During the nearly three-year pendency of the case, the battles between the Archdiocese of St. Paul and Minneapolis and the committee representing the survivors of sexual abuse have resulted in court decisions on two subjects of broad importance in chapter 11 cases generally.

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Squandered Claim? Creditor’s “Veil Piercing” Cause of Action Held to Be Receivership Property – Even After the Receivership Ended

October 10, 2018

In a new development to receivership law, the Minnesota Court of Appeals affirmed a receiver’s power to pursue a creditor’s “veil piercing” claims against insiders of the company in receivership, and blocked the creditor from pursuing those same claims after the receivership ended.  

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Minnesota Enacted a New Health Savings Account Exemption and Increased Exemptions Including for the Homestead

July 26, 2018

Minnesota has expanded the types and value of assets that individuals may protect from creditors.

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May a Debtor Discharge Tax Debt for Late Filed Tax Returns?

July 26, 2018

In the 8th Circuit, income tax debt owed under late filed tax returns could, under certain circumstances, be discharged by individual debtors in their bankruptcy cases.

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More Tools in the Preference Defense Toolbox for Statutory Lien Holders

July 26, 2018

Payments made to creditors in the 90-days before a bankruptcy filing can be subject to recovery as “preference claims.”

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Section 365(n) of the Code: The Intersection of Bankruptcy and Intellectual Property

April 17, 2018

Are trademarks “intellectual property” under the Bankruptcy Code? According to a recent decision from the First Circuit Court of Appeals, the answer is “no,” and Section 365(n) of the Code does not offer protection to trademark licensees when the licensor files for chapter 11. 

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