"Trust Planning and Drafting Techniques" a Sterling Education Services Seminar, April 26

by Scott M. Nelson, MCM

This seminar will provide a comprehensive analysis of the uses of trusts to meet the specific needs of your client’s situation. The experienced faculty will review the various types of trusts available, along with how to best use them to achieve specific outcomes. Download the PDF for registration information.

"Federal Estate and Gift Tax in 2013" a Foxmoor Continuing Education Seminar, May 10

by Scott M. Nelson, MCM

Understand the current state of federal and MN Estate and Gift Tax laws, identify estate tax implications of trusts, insurance, real estate transfers and bequests, and use the Roger Wells case study to illustrate gift tax, estate tax and fiduciary income tax issues. Download the PDF for registration information.

Facing the Issues: Employment Law, April 2013

by MCM Labor and Employment Law Group

This issue features a summary of the most significant employment-related bills pending at the Legislature, along with a status update for each piece of legislation.

Creditors' Corner for April 2013

by MCM Creditors' Remedies Group

The April issue discusses the following topics: (1) Fraudulent Transfer Risk with Co-makers, Co-pledgers and Guarantors, (2) Asset Protection Expanded in Ohio, and (3) Bankruptcy Court Finds that Greens Fees do not Qualify as Cash Collateral.

"Using LLCs as a Wealth Planning Tool" Presented at Minnesota CLE Seminar, March 18

by Scott M. Nelson, MCM

Scott's presentation focuses on the use of family LLCs for business succession and tax planning; the use of trusts, discounts and formulas in LLC planning; case law and legislative update on the changing transfer tax environment; and recent IRS/taxpayer successes and failures. Download the PDF file for more information.

Creditors' Corner for March 2013

by MCM Creditors' Remedies Group

The March issue discusses the following topics: (1) New UCC Financing Statement Rules, (2) Basic Rules for Damages on Breached Leases, and (3) MCM News and Events

MCM to Sponsor RMA Luncheon on March 27

by MCM

Mackall, Crounse & Moore, PLC, is proud to sponsor the monthly luncheon for the Risk Management Association on March 27, 2013, at the Hilton Hotel, in downtown Minneapolis.

Mychal A. Bruggeman Named Co-Editor in Chief to MN Bar Assn Bankruptcy Bulletin

by MCM

Mackall, Crounse & Moore, PLC, attorney Mychal A. Bruggeman recently accepted appointment to serve as a co-editor in chief on the Bankruptcy Bulletin which publishes summaries of local bankruptcy and bankruptcy-related appellate cases for the bankruptcy section of the Minnesota State Bar Association. Mychal, who is one of the main writers and editor of the Creditors’ Corner, has written for the Bankruptcy Bulletin for a number of years.

MCM Hosts and Sponsors Risk Management Association’s Women’s Forum Luncheon

by MCM

On February 21, 2013, MCM hosted and sponsored a luncheon for the RMA’s Women’s Forum.  Approximately 65 professionals from the banking and financial services industry came to the 20th floor of the AT&T Tower to hear the presentation by Life and Business Strategist, Jasna Burza, entitled Living on Purpose.

Mychal A. Bruggeman Elected to Equity Membership

by MCM

Mackall, Crounse & Moore proudly announces that Mychal A. Bruggeman was recently elected to Equity Membership. See the attached PDF for detailed information. You can reach Mychal at mab@mcmlaw.com or 612.305.1478.

Patrick B. Steinhoff Named a Member

by MCM

Mackall, Crounse & Moore proudly announces that Patrick Steinhoff was recently named a Member of the firm. See the attached PDF for detailed information. You can reach Patrick at pbs@mcmlaw.com or 612.305.1471.

MCM to Sponsor Risk Management Association’s Women’s Forum Luncheon

by MCM

On February 21, 2013, MCM will sponsor a luncheon for the RMA’s Women’s Forum on the 20th Floor Conference Room of the AT&T Tower beginning at noon.  Life and Business Strategist Jasna Burza will give a presentation entitled Living on Purpose. Register for this event here.

Creditors' Corner for February 2013

by MCM Creditors' Remedies Group

The February issue discusses the following topics: (1) Federal Appellate Court Blocks Trustee's Attempt to Usurp FDIC Standing to Pursue Derivative Claims of Bank Director and Officers, (2) Collateral Surrender Provisions in Chapter 11 Plans, and (3) MCM News and Events

Creditors' Corner for January 2013

by MCM Creditors' Remedies Group

The January issue of the Creditors' Corner discusses the following topics: (1) Impact of Minnesota's Revised Uniform Arbitration Act, and (2) What is Stern v. Marshall All About and How Does it Impact Lenders?

"Cutting-Edge Asset Protection Skills and Techniques" Live Video Webcast, Feb. 26

by Scott Nelson, MCM

Different types of assets require unique approaches to protect them from creditors: planning for real property may be completely different from protecting a brokerage account. This eye-opening seminar offers tested techniques for providing customized wealth protection based on the nature of your clients' assets. Discover how to confidently advise clients on asset protection, consistent with traditional estate planning objectives. Register now at www.nbi-sems.com, or 800-930-6182, reference event number: 62204ER

Facing the Issues: Employment Law, December 2012

by MCM Labor and Employment Law Department

YEAR-END REMINDER: Updated FCRA Forms Must Be Used Beginning January 1, 2013

Scott M. Nelson Inducted as a Fellow of The American College of Trust & Estate Counsel

by MCM

Mackall, Crounse & Moore congratulates Scott M. Nelson for recently being elected by the membership to become a Fellow of The American College of Trust and Estate Counsel. See the attached PDF for more information. You can reach Scott at smn@mcmlaw.comor 612.305.1429.

Creditors' Corner for December 2012

by MCM Creditors' Remedies Group

The December Creditors' Corner discusses the following topics: (1) Banks Beware: The National Labor Relations Board is Watching You, (2) Tax Levies Could Seize Lender's Collateral Proceeds Even After Applying to the Loan Balance, and (3) Payment from Processing Agent Can be Preference; New Value Includes Customer Payments to Servicer

Scott M. Nelson and his client, Executive Leasing, recently quoted

by MCM

Scott Nelson and his client, Executive Leasing LLC, were recently quoted in a Finance & Commerce article on business succession planning, "Meet the new boss", Tuesday, November 20, 2012.

"Tax Planning for Trusts and Estates" Seminar, December 7, 2012

by Scott M. Nelson

The tumult and pending upheaval of estate and gift tax caused by EGTRRA has brought to the forefront many challenges attorneys face in planning for and reporting taxes connected with trusts and estates. Are you prepared to insulate your clients' estate plans from regulatory storms and ensure smooth and secure preservation and transfer of wealth? This course offers practical tax planning strategies that will help you minimize tax burdens and ensure IRS compliance. Get straightforward instruction to help you through both routine tax return preparation and the final accounting. Register at http://www.nbi-sems.com/SemTeleDetails.aspx/R-60844ER%7C?ctname=SPKEM or call 800-930-6182, reference event number: 60844ER

"The Complete Trust Course" Seminar, December 12

by Scott M. Nelson

Advising Clients on the Right Trust Selection Isn’t Easy . . .You need to understand the tax, financial and asset protection implications in choosing the right trust for your client. “The Complete Trust Course” is designed to help you through the decision maze and help your clients achieve their desired outcome with their estate plan. For more information, download the brochure. Register now at www.foxmoor-ce.com, or call 715-835-5900.

Creditors' Corner for November 2012

by MCM Creditors' Remedies Group

The November Creditors' Corner discusses the following topics: (1) What is a "Claim" in Bankruptcy? (2) Secured Creditor Maintains Lien Despite Late Filed Proof of Claim, and (3) Valuation of Real Estate in Chapter 11 Must Consider Tax Benefits

Creditors' Corner for October 2012

by MCM Creditors’ Remedies Group

The October Creditors' Corner discusses the following topics: (1) Status of Lien Stripping of Unsecured Junior Mortgages in Chapter 13 Proceedings, (2) Absolute Priority Rule Preserved in Individual Chapter 11 Cases, and (3) MCM Attorney Andrew P. Moratzka Publishes Article in the American Bankruptcy Institute Journal Regarding a Trustee’s Avoidance Powers With Respect to Forfeiture Claims

Facing the Issues: Estate Planning, October 2012

by MCM Estate Planning Department

This issue of Facing the Issues: Estate Planning discusses the following topics: (1) Is Your Will Up to Date?, (2) Estate Planning 101, (3) Fiscal Cliff, (4) Inflation-Adjusted 2013 Figures for Transfer Tax and Foreign Items, (5) 2012 Transfer Tax Reduction, and (6) Portability

Creditors' Corner for September 2012

by MCM Creditors’ Remedies Group

The September Creditors' Corner discusses the following topics: (1) Minnesota Courts Endorse Equitable Remedies in Ponzi Scheme Case, (2) Cooperative Cannot Claim Priority Feeder's Lien to Trump Bank's Lien on Livestock, and (3) Risks of Financing Intellectual Property Rights

American Bankruptcy Institute Journal Article: "Polaroid Expands Ponzi Presumption"

by Mychal Bruggeman

Attorney Mychal Bruggeman addresses a recent endorsement by Minnesota courts of equitable remedies in Ponzi scheme case in his article recently published in the American Bankruptcy Institute Journal.

Creditors' Corner for May 2012

by MCM Creditors' Remedies Group

The May issue of the Creditors' Corner discusses the following topics: (1) Minnesota Enacts Expanded Receivership Law, and (2) Lending Against Non-Traditional Assets

Facing the Issues: Estate Planning, May 2012

by MCM Estate Planning Department

The feature of this month's Facing the Issues is Estate Planning. It discusses the following topics: (1) Transfer Tax PLR and (2) Minnesota Update - 2011 Expansion of Minnesota Estate Tax Exemption

"Resolving Legal and Financial Issues in Elder Care" Seminar, May 21

by Scott Nelson, MCM

Protect Your Clients’ Assets and Provide the Services They Need – The cost of long-term care can consume a person’s assets if a carefully drafted estate plan is not in place. This seminar will give you the skills required to create an estate plan that meets your clients’ needs. Register now at www.nbi-sems.com, or 800-930-6182, reference event number: 59156ER

Creditors' Corner for April 2012

by MCM Litigation Department

The April issue of the Creditors' Corner discusses the following topics: (1) Minnesota Legislature Partially Reigns in the "Claw", (2) Court Permits Single Asset Real Estate Debtor to Separately Classify Deficiency Claim Where Lender Held Third-Party Guaranties, and (3) Attorney Sanctioned for Abusing System with Frivolous "Show Me the Note" Arguments.

Creditors' Corner for March 2012

by MCM Creditors' Remedies Group

The March issue of the Creditors' Corner discusses the following topics: (1) Lenders should be aware of directors' fiduciary standards and motivations on corporate restructuring transactions, (2) Seventh Circuit continues to enforce secured creditors' rights in chapter 11 proceedings, and (3) Pending receivership legislation in Minnesota.

Marilyn Rosberg Named a Member

by MCM

Mackall, Crounse & Moore proudly announces that Marilyn J. Rosberg was recently named a Member of the firm. See the attached PDF for detailed information. You can reach Marilyn at mjr@mcmlaw.com or 612.305.1484.

'"Drafting Qualified Personal Residence Trusts" Live Teleconference, March 14

by Scott Nelson, MCM

Avoid critical mistakes when drafting qualified personal residence trusts. This legal course will take you through the basics of one of the key elements of most estate plans: drafting qualified personal residence trusts. Find out what makes this tool effective and gain practical tips for drafting this type of trust correctly, such as income/distribution requirements, expenses to take into consideration and gift tax issues that may arise. Register now at www.nbi-sems.com, or 800-930-6182, reference event number: 59344

Creditors' Corner for February, 2012

by MCM Creditors' Remedies Group

The February Creditors' Corner discusses the following topics: (1) Secured Lenders' Credit Bidding Rights in Bankruptcy to be Considered by United States Supreme Court, and (2) Court finds that Bankruptcy Case of Hotel Operator is not a Single Asset Real Estate Case.

Creditors' Corner for January, 2012

by MCM Litigation Department

The January Creditors' Corner discusses the following topics: (1) Tweeting Bankers Run Risks, (2) Court Upholds 365/360 Method on Variable Rate Note, and (3) Avoidable Payments from Intermediaries, Agents or Trust Accounts.

"Estate Administration Procedures" Online Seminar, January 17

by Scott Nelson, MCM

Properly Administer Your Client's Estate: Do you have a solid understanding of proper procedures surrounding estate administration? Do you feel confident that you can overcome the wide array of challenges you may face while working with each estate's unique requirements? Join us and gain a comprehensive understanding of the estate planning process so you can easily organize and manage your responsibilities. Register online at www.nbi-sems.com, product ID: 58783ER

December Creditors' Corner

by MCM Litigation Department

The December Creditors' Corner discusses the following topics: (1) Losing the Upper Hand in Subordination Agreements, (2) Significant Amendments to Bankruptcy Rules and Revised Forms, and (3) Article by Andrew Moratzka on Priority Disputes with Federal Tax Liens

Article on Estate Planning "Transfer Tax and Succession Planning - Seize the Moment"

by Scott Nelson

Attorney Scott Nelson provides a succinct estate planning tutorial regarding the imminent changes in our federal estate and gift tax law. This article was published in the November Newsletter, Sage Solutions.

Luncheon December 7, "Finding the Right Buyer for Your Business"

by Jon M. Tynjala

Jon M. Tynjala of MCM is presenting at this luncheon for business owners from 11-1 pm in Minneapolis. The presentation will cover thefollowing topics: How to convert your business into a retirement income stream. What types of buyers are available in the market? What happens to my company if I sell to a larger company or private investment group? See attached PDF file for registration information.

Creditors' Corner for November, 2011

by MCM

The November issue of the Creditors' Corner discusses the following topics: (1) Damned If You Do Damned If You Don't, (2) Priority Rules For Simultaneous Money Mortgages, (3) Bankruptcy Appellate Panel Rejects "No Harm, No Foul" Rule On Pre-Bankruptcy Transfers of Exempt Property, and (4) Livestock Producer Denied Discharge for Failing to Explain Loss of Cattle.

Free Webinar on Estate Planning: "Protecting You and Your Loved Ones"

by AICPA

Invite your clients to the free consumer-oriented webinar, "Protecting You and Your Loved Ones: Practical and Vital Estate Planning Information For Consumers in Plain English", to be held Oct. 18, 2:30 to 3:30 p.m. Eastern time during Estate Planning Awareness Week. Martin Shenkman, CPA/PFS, and Lisa Featherngill, CPA/PFS, will lead practitioners, their clients, and consumers in a practical and understandable discussion of key estate-planning concepts that affect everyone including steps in the estate-planning process, the building blocks of your estate plan, estate planning with regard to charitable giving and chronic illness, and how your CPA financial planner can simplify your estate plan and save you time and money. This webinar is free for everyone to attend; no CPE will be offered. Open the PDF file for a link to register.

Estate Planning for the Entertainer or Athlete

by Scott Nelson, MCM

This article written by Scott Nelson of Mackall, Crounse and Moore titled Estate Planning for the Entertainer or Athlete was published in the Summer 2011 issue of "Entertainment and Sports Lawyer".

Creditors' Corner for October, 2011

by MCM Litigation Department

(1) Minnesota Court of Appeals Confirms Strict Construction of Notification Requirements for Livestock Production Input Liens; (2) Creditors can Recover from NOLs; and (3) Converting Non-Exempt Personal Property into Homestead Exemption Property.

"Estate Planning for Spouses" Online Seminar October 13

by MCM

Scott M. Nelson will present this online seminar that reviews key issues, rules and challenges associated with estate planning for spouses. He will cover the options available with the spousal tax exemption, and discuss the estate planning challenges arising with blended families. This legal briefing is designed for attorneys, but will also benefit estate and financial planners, trustees, and paralegals. Register online at www.nbi-sems.com, product ID: 57935ER

Scott M. Nelson to Present at the MN Association of Probate Registrars

by MCM

The Minnesota Association of Probate Registrars is hosting their 2011 Education Day and Annual Meeting, September 30, 2011. Scott has been invited to present on the topic “Probate in a Nutshell”.

NEW Facing the Issues: Estate Planning

by MCM Estate Planning Group

This new newsletter features articles by the estate planning department: (1) 2011 Expansion of Minnesota Estate Tax Exemption, (2) Increased Lifetime Gift Tax Exemption - Once in a Lifetime, (3) Portability of Estate and Gift Tax Exemptions; and (4) Recent Addition at MCM in the Estate, Trust and Elder Law Section

September Creditors' Corner

by MCM Litigation Department

(1) 8th Circuit Bankruptcy Appellate Panel Rules that Completely Unsecured Junior Liens can be Stripped In Chapter 13 Plan; (2) A National Bank is a Citizen of the State Where it's Articles of Association Provide its Main Office is Located; and (3) Are You Mediating in Good Faith?

Scott M. Nelson Joins the Firm

by MCM as of July, 2011

We are pleased to announce that Scott M. Nelson has joined the firm as a Member in the practice areas of Estates & Trusts, Tax, and Business and Corporate Law.

Scott M. Nelson to Present Estate Planning Seminar

by MCM

The seminar, Basic Tax Consideration for Drafting Wills and Trusts is an overview and update on the tax rules and tactics used in planning for estates, presented by Scott Nelson on Thursday, July 21, 2011 as an NBI, Inc. Electronic Seminar

July Creditors' Corner

by MCM Litigation Department

(1) Tensions Surround Letters of Credit in Bankruptcy; (2) Bank's Mortgage Preserves Priority Lien on Rents Generated After Filing of Federal Tax Lien; (3) Parent Company's Grant of Security Interest in Subsidiary's Deposit Account Survives Attack from Bankruptcy Trustee

June Creditors' Corner

by MCM Litigation Department

(1) Lender liability for clean water compliance; (2) Fraud claims against bank unloading bad loans to new lenders fail but aiding and abetting and conspiracy claims survive summary judgment; (3) Private employers may discriminate in hiring based on past bankruptcy filing.

Creditors' Corner for May, 2011

by MCM Litigation Department

(1) Use of leverage in negotiations is not inequitable conduct; (2) Power of attorney authorizing assignment of mortgage need not be of record for foreclosure by advertisement; (3) Proceeds from personal injury suit not exempt from garnishment.

Robert W. Due Elected Chief Manager

by MCM

Creditors' Corner for April, 2011

by MCM Litigation Department

(1) What defines a security interest outside of the UCC?, (2) Automatic stay does not apply in debtor's third bankruptcy filing within a year

Creditors' Corner for March, 2011

by MCM Litigation Department

(1) Seeking a lift of the automatic stay on a multi-collateral credit; (2) Incomplete financial statements to bank not fraudulent; (3) Proper investigation and response by lender to consumer dispute notice from credit agency results in dismissal of FCRA claim

Creditors' Corner for February, 2011

by MCM Litigation Department

(1) Credit Bidding in Bankruptcy Sales; (2) Court holds that Sale of Accounts is a Preferential Disguised Loan; (3) Farmer's Debt Non-Dischargeable where he provided False Asset and Liability Estimates and fed the Cooperative's Collateral to his Herd

Creditors' Corner for January, 2011

by MCM

(1) Is it a Guaranty of Collection or of Payment?, (2) Correctly Indexed Mortgage with Incomplete Legal Description Subordinate to Federal Tax Lien