The success of cash crop farming in Minnesota is due in large part to the work our ancestors in this state did to convert wet and even flooded property into dry farmland. Through systems of open ditches and buried pipe, land was made farmable by quickly draining water from the landscape allowing it to be...

Anumber of recent economic developments will likely impact the negotiation of farmland leases following the 2022 crop year. For example, landlords may want to increase rent because commodity prices are generally rising, and farmland values are going up across the Midwest. On the other hand, tenants may be reluctant to pay more rent because many...

Throughout my nearly 15 years of practicing law, I have observed a wide range of perspectives, understandings, and tolerances from agricultural producers and other businesses regarding the topic of insurance. Some find insurance a combination of overwhelming, confusing, and boring. If given the choice, they would prefer watching endless streams of YouTube videos seeking to...

Earlier this year, the Minnesota Legislature updated the statute pertaining to the publication of legal notices in so-called “qualified newspapers,” reflecting the broad national trend of newspapers moving away from physical copies and emphasizing digital editions. Effective August 1, 2022, qualified newspapers are now required to publish public legal notices in print and in the...

The American Bankruptcy Institute once observed that “[a] robust, effective, and efficient bankruptcy system rebuilds companies, preserves jobs, and facilitates economic growth with dynamic financial markets and lower costs of capital.” These ideals have not been the reality for many small-business debtors in financial distress, who have historically been forced to reorganize under Chapter 11,...

Though not binding in Minnesota yet, the U.S. Court of Appeals for the Second Circuit’s recent decision relating to the automatic stay in bankruptcy is causing some angst across the nation. A creditor loan servicer in New York received something of a shock in July 2022, when the U.S. Court of Appeals for the Second...

The distinction between a security interest and a mortgage is easy to understand: a security interest under Article 9 of the UCC is used for personal property, and a mortgage is used for real estate. Rarely is there any confusion between these two. However, there is a third category of collateral which blurs the lines...