Can I Keep My House If I File a Chapter 7 Bankruptcy?
Student loans and credit cards have fueled a spike in filing personal bankruptcy in Minnesota last year, with a 54 % increase from the previous year. For personal bankruptcy, most people file a Chapter 7 or Chapter 13. This article will focus on Chapter 7 and the exemptions Minnesota offers in terms of protecting your house. You can qualify for a Chapter 7 bankruptcy by passing the “means test.” The means test is a two-prong analysis of your household income. If you fall below it, you can file a Chapter 7 bankruptcy, meaning almost all of your debt would be wiped away with a... Read More
2024 Eviction Law Updates
The Minnesota legislature passed new renter protections that took effect on January 1, 2024, that landlords must follow to evict tenants. As of April 2024, landlords must: Give renters 14 days’ notice before filing an eviction; include all required fees in the advertised rent; ensure units maintain a temperature of at least 68 degrees during the winter; and provide tenants 24 hours’ notice before entering a unit. All evictions will be removed from a tenant’s record after three years. Evictions can be expunged sooner if the renter and landlord agree to it as part of a settlement; for example, in... Read More
Are Retirement Accounts Protected in a Bankruptcy?
Since the Covid-19 pandemic-era relief programs are slowly expiring, bankruptcy cases are exponentially increasing in Minnesota. For bankruptcy cases, I often get asked, “will my retirement account(s) be exposed to the trustee? Are they protected?” The answer is almost always yes. Under both the state and federal exemptions an ERISA qualified plan is protected in full (barring some last-minute transfers). The plans are protected, not just because they are exempt, but because they never become property of the bankruptcy estate and do not need to be exempted. The language of the ERISA statute essentially creates a spendthrift trust. If you... Read More
What is a Recognition of Parentage?
A Recognition of Parentage (“ROP”) is a document signed by non-married parents of a child. Often, this form is signed at the hospital after the birth of the child, and it is then filed with the Minnesota Department of Health, Office of Vital Records. A ROP establishes a legal relationship between a child and the father, and it is an informal process that does not involve going to court. Moreover, it allows the father’s name to be on the birth certificate and it creates certain legal rights and responsibilities for the father, mother, and child. A ROP can be filled... Read More
Evictions: Protections Over
On June 29, 2021, the State of Minnesota enacted a law, Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No.4, Article V, which phased out the COVID-19 based moratorium that suspended evictions and landlord-initiated lease terminations since March of 2020. The moratorium has now ended, and landlords can now file evictions for any legal reason. Most common reasons are nonpayment of rent or violation of the lease. Contact Attorney Andrew Moeller, who has won several evictions cases, for a free consultation. Mr. Moeller may be reached at 507-625-2525 or via email.
Engagement Ring: Who gets the ring after a divorce?
I often get asked, “Andy, who gets the engagement ring after the divorce?” Typically, one partner buys the other an engagement ring before they are married, so the partner who made the purchase should get the engagement ring post-divorce, right? Wrong. The ring belongs to the partner who receives the ring. According to Minnesota case law, an engagement ring is considered to be a conditional gift which is given in contemplation of marriage. Thus, because the parties contemplated marriage and got married, the partner who received the engagement ring is entitled to keep it as non-marital property. However, if a... Read More
Unemployment Law in Minnesota: If an Employee Quits
In Minnesota, a former employee may still receive unemployment benefits if he or she falls under one of ten exceptions. One of the most common exceptions is “adverse working conditions.” In summary, the employee must have suffered unpleasant working conditions that the employer was responsible for, and that it would compel an average reasonable worker to quit. Most importantly, the employee must have complained to the employer and given them an opportunity to correct such adverse working conditions. If you quit your job, you still may be eligible for unemployment benefits in Minnesota. Contact attorney Andrew Moeller by email or... Read More
Unemployment Law in Minnesota
The COVID-19 pandemic has brought many uncertainties to our society, including to our work force. Many people had to quit their job or were fired. Often, it is assumed that if an employee quit or was fired, they will be unable to receive unemployment in Minnesota. However, this is inaccurate. Under the law in Minnesota, you may be able to get unemployment if you were fired for several reasons, including simple unsatisfactory conduct, conduct an average and reasonable employee would have engaged in under the circumstances, mere inefficiency, or inadvertence. If you had to quit your job or were... Read More
Evictions During the Pandemic: Update
On June 29, 2021, the State of Minnesota enacted a law, Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No.4, Article V, which phased out the COVID-19 based moratorium that suspended evictions and landlord-initiated lease terminations since March of 2020. As of today, most off-ramp protections ended on October 12, 2021. Landlords can file evictions for any legal reason except for non-payment of rent evictions for tenants who have a pending COVID-19 emergency rental assistance application. Moreover, on June 1, 2022, protections for tenants with pending COVID-19 emergency rental assistance applications expire on June 1, 2022; thus, eviction... Read More
Evictions During the Pandemic
COVID-19 has brought unprecedented changes in our world, including evictions in Minnesota. Governor Tim Waltz executed Emergency Executive Order 20-79 on July 14, 2020, which is still in effect for evictions in Minnesota. Under this Order, you cannot evict a tenant unless it falls under a few exceptions. Notably, the tenant may be evicted if they (1) seriously endanger the safety of others, (2) cause significant property damage, or (3) violate Minnesota Statutes 2019, section 504B.171, subdivision 1 (including but not limited to: controlled substances, prostitution, and unlawful possession of a firearm). It is unknown when Executive Order 20-79 will... Read More