Cases of Interest
New Minnesota Bankruptcy Court Ruling Protects Property Tax Refunds
In a case in which Andresen Law Offices represented the debtor, the Minnesota bankruptcy court issued a published decision barring chapter 7 trustees from taking property tax refunds. This ruling by Judge Ridgeway, In re Johnson, No. 13-41370 (Bky. D. Minn. Sept. 11, 2013), held that Minnesota property tax refunds are “government assistance based upon…
Read MoreNew Bankruptcy Court Ruling on Minnesota Health Care Savings Accounts
Minnesotans who file for chapter 7 bankruptcy need to take care that their health care savings accounts are not lost to the bankruptcy trustee, due to a recent decision of the federal Bankruptcy Appellate Panel. In this case, Leitch v. Christians, No. 13-6009 (8th Cir. BAP July 16, 2013), the appeals court upheld a ruling by Minnesota…
Read MoreMinnesota’s Bankruptcy Judges Enact Rule Governing Chapter 13 Lien Stripping
Just seven months after the federal appeals courts upheld the right of chapter 13 debtors to strip off a completely unsecured second mortgage on homestead real estate (in a case litigated by Craig Andresen), Minnesota’s four bankruptcy court judges enacted Local Rule 3012-1, which sets forth the procedure for lien stripping. This action demonstrates the…
Read MoreEighth Circuit Appeals Court Ruling Preserves Lien Stripping in Chapter 13 Bankruptcy Cases
The U.S. Court of Appeals issued its ruling in In re Fisette, 695 F. 3d 803 (8th Cir. 2012), saying that the manner in which the trustee’s appeal was presented was improper. The Eighth Circuit’s action has the effect of leaving undisturbed the Bankruptcy Appellate Panel’s opinion establishing lien stripping in Minnesota and the other states…
Read MoreSecond Mortgage Lien Stripping in Chapter 13 Approved by Appeals Court
Minnesota residents no longer need to wonder if a second mortgage (or any junior mortgage) can be “stripped” in a chapter 13 case, thanks to a recent ruling by the Eighth Circuit Bankruptcy Appellate Panel. In this Minnesota case, In re Fisette, No. 11-6012 (8th Cir. BAP August 29, 2011), the appeals court sided with…
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