In Minnesota, contractors who have not been paid for their work have 120 days to enforce their mechanic’s lien rights, or risk losing their ability to make a claim. Under Section 514.08 of the Minnesota Statutes, the 120-day clock starts running from the last day a contractor has done work on the property, or from...

Minnesota has long authorized police departments and similar agencies to seize property associated with certain crimes and, under proceedings known as “civil forfeiture,” assume ownership of the property. In the past, criminal property seizures have caused problems for secured creditors who have a properly perfected security interest in vehicles or other equipment that is seized...

Now that Spring has sprung, contractors and subcontractors, suppliers, and other construction professionals will likely be seeing a seasonal upswing in demand for private real estate improvements and projects. Along with more work, however, comes the need to secure payment for your hard-spent labor, services, materials, or equipment provided in the course of your projects....

In the recent decision, In re: Musel, the United States Bankruptcy Court for the District of Minnesota held that tribal payments are not considered a property interest of a bankruptcy estate when federal law governs and the tribe expressly rejects defining the payments as a property interest. Brenda Jo Musel (hereinafter “Debtor”) was a member...

Governor Walz has agreed to end the peacetime emergency on July 1st. He had planned for his executive orders to expire on August 1st. However, in negotiations with Senate Republicans, he agreed to end his emergency powers tomorrow. Two of his executive orders have a direct impact on banking: 1. Garnishments and Levies Executive Order...

Late Wednesday, January 13th, the SBA announced that banks with $1 billion in assets or less can start making Third Round PPP loans Friday, January 15th. Banks above that threshold will be able to start Tuesday, January 19th. CDFI institutions and minority-owned institutions started making loans the morning of Monday, January 11th. Thankfully, compared to...

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...