2014 October

The Power of Charging Orders

10.17.2014
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Satisfying Judgments Using Business Entities in Minnesota

A charging order is a tool that a creditor can use to try to satisfy a judgment of a debtor. The charging order is charged against a debtor’s interest in a partnership or LLC and attaches to the distributions the debtor would normally receive from the entity until the judgment is paid. The order will only give the creditor the financial rights, such as distributions of income or profits, the debtor owns in the entity. This means that the creditor will not gain any control of the business entity, instead […]

Lien Rights in Bankruptcy

10.16.2014
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4th Circuit Case Looks at Perfecting Liens During Bankruptcy

Court finds that when a lien right arises pre-petition, the lien can be perfected despite the automatic stay.

http://www.myconstructionexpert.com/blog/subcontractor-claims-can-general-contractor-files-bankruptcy […]

What Happens if I Die Without a Will?

10.14.2014
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Intestate Succession in Minnesota

When a person dies without a valid Will, they are said to have died “intestate.” Because there is no Will to indicate what the deceased person’s intentions were, the estate will be administered according to Minnesota’s intestacy laws.

Who Will Care for My Minor Children?

Generally, the surviving parent will have custody of the children. In cases where there is no surviving parent or the surviving parent is unable to care for the children, the Court will appoint a guardian who will care for the children. Parents who want to […]

When to pay plow drivers for wait time

10.13.2014
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When storms happen, plow drivers must be ready to hit the ground running. Many drivers are on call, waiting for the snow to fall. It’s great to have a team at the ready. But are you required to pay on-call drivers for the hours they are on call?

No, most plow drivers do not need to be paid for the time they are on-call. As long as workers are allowed to use their time for their own purposes, you don’t need to pay them until they are called in. If your company […]