A receivership is often labeled as the state court’s version of bankruptcy, though there are many differences between the two. The device of receivership is primarily a creditor’s remedy and is typically invoked in various circumstances including the collection of a money judgment, liquidation, and managing assets. A creditor is typically the party requesting the...

Medical Assistance, Minnesota’s version of Medicaid, provides more than 600,000 Minnesotans with coverage monthly.  Many of these individuals are seniors.  When looking forward to retirement, it is important to consider future health care needs as well as how such needs will be paid for.  This includes possible long-term care.  While private options, such as out-of-pocket...

As the economy enters into a recession and debtors’ assets are losing value, dwindling or disappearing, the doctrine of marshaling assets is appearing in more and more collection actions and appellate decisions.  The increased use of marshaling assets is also the result of land prices remaining high while other property values, such as equipment and...

A seriously dishonest or desperate borrower, even if relatively rare, can be the cause of the biggest losses a lender may face. Many loans are extended on the assumption that the bank has sufficient collateral—whether real estate, equipment, receivables, or other property—to repay the loan in the event the borrower cannot make his regular payments....

When Minnesota farmers divorce, often there are insufficient liquid assets to allow the non-farming spouse to be immediately paid in full for his or her fair share of the marital estate. When that happens, the non-farming spouse is often paid over a period of time—similar to a bank that loans money to a borrower. In...

Quarantined in my cramped college apartment in the city, my mind drifts back to my considerably more spacious roots. I grew up on my family’s grass-fed beef farm, nearly 300 acres of lush, permanent pasture and preserved prairie and woodland in the drumlin region of Southeastern Wisconsin. I cherish those childhood farm memories; everything from...

The Fair Credit Reporting Act (“FCRA”) is a federal law enacted in 1970 to promote the accuracy, fairness, relevancy, and privacy of consumer information in the file of credit reporting agencies. Banks and other financial institutions are an important link in the consumer credit reporting chain, and in a variety of circumstances, they are subject...