"Legally Speaking" is a syndicated column and appears in the Savage Pacer newspaper, Savage, MN.

Can You Collect, If You Quit Your Job? (10-21-13)

With all the job uncertainty employees are experiencing during the current economic downturn, it helps to know what your rights are concerning unemployment benefits if you lose your job. The fact is that not all individuals faced with job loss are entitled to collect. You are only eligible for unemployment benefits if you suffer job loss through no fault of your own. If you quit or resign from a job, you can collect unemployment benefits only if you did so for "good cause." In this respect, the law requires the reason to be "compelling," such as being faced with some sort of harm or injury had you remained employed. In some cases, it may take a lawyer to prove your point.

Do you have any questions about unemployment benefits and the nuances of "good cause"? Do you have any questions about other aspects of employment law? Our attorneys can provide you with all that as well as the personalized attention that you deserve during this difficult time. In addition to cases dealing with employment law, we also take cases that deal with estate planning, wills and trusts, and contract law. If you have any questions, call 952-226-1202 to make an appointment to speak to one of our friendly attorneys. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: You can receive unemployment benefits if you were terminated due to cutbacks or not being a good fit for the job. There are no benefits for those fired for misconduct.

When You're Fired (10-7-13)

Losing a job is a very serious matter for all concerned. The fact is that employees who are employed "at will" can be fired by an employer for any reason that is not illegal (i.e., on the basis of race, religion, etc., or exercising a legal right). However, if an employee has an employment contract, the terms of the contract largely spell out the conditions under which he or she can be fired. Other contracts leave the issue open, which means that the law usually says that an employee can only be fired for legitimate, business-related reasons (sometimes referred to as "just cause"). Those with questions about their termination of employment may want to talk with a lawyer.

Do you have any questions about an aspect of business or contract law, either as an employee or as an employer? If so, make an appointment at our office to talk with one of our experienced lawyers. We will provide the thoughtful and personalized service you deserve during this difficult time. In addition to help with business or contract law, we provide counsel for issues dealing with wills, trusts, and real estate law. If you have any questions, please call our offices at 952-226-1202. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: If you decide to challenge the legality of a firing, it helps to carefully document what happened. Doing so places you in a better position to enforce all your workplace rights.

Reviewing A Contract (9-23-13)

Contracts are legally binding agreements that should not be treated casually. Key elements of any contract include the parties involved, the duration of the contract, and how to prematurely end it. While many contracts are now written in language that laymen can understand, many others are written in archaic language that is not easily understood. Particular attention must be paid to anything involving money and dates, such as whether a contract becomes void if a delivery date is not met. Other important terms include "nonrefundable," "default," and "automatic renewal." Such phrases as "time is of the essence" and "reasonable man standard" introduce a whole body of law defining them, which a lawyer should review.

Clearly, it's vital that you have your own lawyer take a look at any legally binding contract before you sign it. Our attorneys can answer all your contract questions in a friendly and straightforward manner. We take cases that deal with a variety of legal areas, including estate planning, wills and trusts, and contract law. If you have any questions, call 952-226-1202 to make an appointment to speak to one of our friendly attorneys. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: To be legally binding as a contract, a promise must be exchanged for adequate consideration.

Dispute Resolution After The Sale Of A Business (9-9-13)

Business owners who find themselves in the position of selling their businesses should know that disputes sometimes arise after the comprehensive sales agreement has been signed. It is only natural to expect minor, and even major, disagreements between the old owner and the new. The best way to handle such matters is directly. However, mutually agreeable settlements are not always possible, in which case litigating the matter can be expected to be costly and emotionally draining. With this in mind, it may be best that the sales agreement contain an agreement between the old and new buyers to submit disputes to mediation. If that doesn't result in a settlement, the parties can further agree to submit the matter to arbitration.

As a small business owner, it's important to have a thoughtful and reliable lawyer on hand for dealing with the issues that always arise when you're dealing with money. Our lawyers will provide the thoughtful and personalized service you deserve, whether you're setting up a new business or selling an old one. In addition to help with business, we provide counsel for issues dealing with estate planning, wills, trusts, and real estate law. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: Mediation involves enlisting a neutral third party to arrive at a voluntary settlement; arbitration empowers a neutral third party to listen to both sides and arrive at a binding solution.

Going Out on A Limb (8-26-13)

If you are concerned that a neighbor's tree poses a danger, the "right of self-help" allows you to cut off the offending branches up to the boundary line between properties. However, you may not go onto the neighbor's property when trimming unless imminent danger makes it necessary to do so. Neither are you permitted to cut down the tree or destroy it. On the other hand, if you are unable to remedy the situation yourself, you are better off asking the tree's owner to fix the problem. If the neighbor is warned of the danger that the tree poses and chooses to do nothing about it, he or she will probably be liable for any resulting damage.

A legal fight with a neighbor over a tree can seem trivial but the damage a fallen tree can cause is anything but trivial. Our attorneys can offer you the help you need to deal with this problem without becoming acrimonious. We provide a balanced range of legal services combined with a singular commitment to our clients. We take cases that deal with a variety of legal areas, including bankruptcy, estate planning wills, trusts, corporate law, real estate law, and neighborly disputes. If you have any questions, call 952-226-1202 to make an appointment to speak to one of our friendly attorneys. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: If you want an order requiring your neighbor to eliminate the danger that an unsound tree poses, you may have to sue in court with the help of a lawyer.

An Undeniable Fact (8-12-13)

While we may try to avoid the unpleasant truth that death spares no one, it is best to be prepared for the inevitable. Yet, according to one recent survey, two-thirds of Americans have no will. While some circumstances may lend themselves to wills written by computer programs, an attorney can point out details and pose scenarios that the average person might not consider. Taking these factors into account helps to clarify a person's intentions, thereby ensuring the desired outcome. With this in mind, the more complex a person's circumstances, the more he or she stands to benefit from having a lawyer draw up his or her will. Blended families, ex-spouses, and other special conditions warrant professional advice.

As a responsible adult, it's vital to your family's well being that you have a thoughtful will. Even if it's unpleasant to consider, you'll feel better knowing that your loved ones are taken care of. Our lawyers will provide thoughtful and personalized service you deserve when you're dealing with such a complex and sensitive issue. In addition to help with wills, we provide counsel for issues dealing with family law, probate, and real estate law. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: If your estate is worth more than the $5 million federal exemption pertaining to gifts that you may give to others upon your death, you should discuss estate planning with an attorney.


Please select one of the menus below to read previous "Legally Speaking" articles from the Savage Pacer newspaper, Savage, MN.

July 2013

Sense of Fair Play (7-29-13)

Neither side in a lawsuit is permitted to have information that the other side does not possess. Thus, before a civil trial begins, both parties are entitled to find out the factual basis for each other's claims or defenses. During this "discovery" process, each side has the right to ask about the existence of the other's documents and witnesses, as well as any other supporting evidence. Each side attains this information by asking questions orally during a "deposition," which involves placing a person under oath and asking questions about his or her best recollection of the facts. Discovery ensures a "level playing field" upon which both sides operate with the same information. There should be no surprises for either side.

Do you have any questions about discovery or depositions? Our attorneys can answer all your questions in a friendly and straightforward manner. We take cases that deal with a variety of legal areas, including contract law, estate planning, wills and trusts, and business law. If you have any questions, call 952-226-1202 to make an appointment to speak to one of our friendly attorneys. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: In a civil case, an "interrogatory" is a set of written questions that one litigant requires be answered by an adversary.

Under Duress? (7-15-13)

More than 100 years ago, signing a contract "under duress" might have meant that a contract was mentally or physically coerced. These days, of course, the threat of physical force is not so likely to be used to induce a contract. However, it sometimes happens that economic duress (also known as "business compulsion") may emerge as a means of making someone agree to a contract. For instance, a supplier may raise the price of goods to a customer who is in desperate need of them. In this case, the threatened party must not only show that the supplier threatened to breach the contract, but also that the customer had no other source for the goods specified in the contract.

Business law and contract law are clearly complex areas. If you have any questions, you need to call a lawyer with experience and expertise in the field. Our lawyers will provide thoughtful and personalized service to deal with all your legal issues, including business, contract, and probate law. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: If a party to a contract is found by the court to have acted under duress, the innocent party may rescind the contract and claim damages.

Managing Your Finances When You Cannot (7-1-13)

A "power of attorney for finances" is a legal document that allows a person of your choosing to manage your finances on your behalf in the event that you become incapacitated. The first step in seeing that your wishes will be carried out is to select a competent and trustworthy agent. To guard against abuse of powers of attorney, you can build checks and balances into the document, such as requiring the agent to provide periodic accountings to a third party or having another individual sign off on any gifts of your property. While you are of sound mind, it is also possible to name a new agent or revoke the power of attorney for any reason.

Assigning a power of attorney for finances is just one part of thoughtful estate planning. It's a complex process that requires advice from an experienced attorney. Our attorneys can provide you with the counsel that you need to make certain that your wishes are carried out, no matter what. We can help with all aspects of estate planning, as well as issues pertaining to corporate law and real estate law. If you have any questions, call 952-226-1202 to make an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: To avert future potential problems, it is advisable to have any financial institutions with which you do business review your power of attorney document and ask if they find it acceptable.

June 2013

Down The Home Stretch (6-17-13)

If you are behind on your mortgage payments and file for Chapter 7 bankruptcy, the mortgage lender will almost certainly ask the bankruptcy court to allow it to begin (or resume) foreclosure proceedings. Alternately, if you are behind on your mortgage payments and want to keep your home, Chapter 13 bankruptcy is certainly preferable. However, you must have enough disposable income to propose a plan that involves making regular payments on your mortgage and pays off whatever you owe in arrears in a reasonable amount of time. If the lender has already started to foreclose, you can file for Chapter 13 bankruptcy and make up the missed payments, reinstate the loan, and continue making payments under the original contract.

If you're wrestling with debts, foreclosure notices, or decisions about Chapter 7 or Chapter 13 bankruptcy, it's clear that you have a lot on your mind. You deserve expert advice. Our lawyers have years of experience dealing with a wide variety of legal issues, including those that pertain to foreclosure and bankruptcy. We provide the expertise you need and the discretion and compassion that you deserve. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 13 bankruptcy will not help if your home was already foreclosed upon and sold.

A Matter of Trust (6-3-13)

Because it is time-consuming and relatively costly, many people adopt various strategies that will help them avoid probate (the legal process by which the estate of a deceased person is settled). One such probate-avoiding vehicle, called the "living trust," is so named because it is created when a person is alive. Holding property in trust poses no legal consequences while the creator of the living trust is alive, and the property held in the trust transfers to the family and friends to whom it is left after death. The terms of the trust document, which is similar to a will, authorize the trustee to conduct this transfer, and probate courts have no legal authority over property held in trust.

Do you have any questions about how a living trust can help you preserve your estate? Our experienced attorneys have years of experience with all aspects of estate planning, from wills to trusts, and we can help you plan for all eventualities. We pride ourselves on thoughtful advice and friendly service for all of our clients. If you have any questions, call 952-226-1202 to make an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: A living trust does not eliminate the need for a will because no one can reasonably expect that everything he or she owns will be included in the trust.

May 2013

Trusting in Yourself (5-20-13)

A "living trust" is a document that provides detailed guidelines regarding how your property should be managed in the event that you were to become incapacitated. It involves the transfer of your investments, real estate, and other assets into the trust with yourself named as trustee, which enables you to maintain control of your property. By naming one or more successor trustees, you also have people standing by who can manage your property if you become incapacitated. Detailed instructions should also be included about how the money should be spent for your hospitalization and/or long-term care. The living trust remains in force after your death and enables the successor trustee to transfer property to beneficiaries without probate.

Living trusts are a powerful tool but, like all powerful tools, they require finesse and experience to use properly. If you have any questions about living trusts, or any aspect of estate planning, you need to call our office. Our lawyers have years of experience dealing with all aspects of estate planning, from simple wills to complex living trusts. If you have any questions, please call our offices at 952-226-1202 for an appointment. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: While you remain mentally competent, you can revise or revoke a living trust.

Neighborly Advice (5-6-13)

When disagreements arise between neighbors, it is preferable to try to work things out by talking directly and amiably to those responsible for disturbing activities. Of course, this approach does not always work, in which case, those offended by a neighbor's action should familiarize themselves with local ordinances that provide protection under the law. It may also help to know if other neighbors are similarly affected by the actions of the neighbor in question. If so, enlisting their help may help to convince the offending neighbor that the problem is not an isolated one. Even in cases where there is not a relevant law, neighbors who unreasonably interfere with the use and enjoyment of another's property can be sued.

Do you have any questions about today's column, or about any legal issue? If so, please call our office. Our attorneys have years of experience with a wide variety of legal issues, from wills and estates to bankruptcy and neighborly disputes. We pride ourselves on thoughtful advice and friendly service for all of our clients. If you have any questions, call 952-226-1202 to make an appointment. Our address is Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: When a neighbor does something that is unreasonable or unlawful that interferes with the use and enjoyment of a nearby residence, the neighbor can be sued for creating a "private nuisance."

April 2013

Going Through The Motions (4-22-13)

Prior to going to trial, it is common for parties in a civil case to file certain motions with the court. These pre-trial motions are requests that the court make a decision regarding some issue in the case. Commonly, motions are filed that ask the court to allow a plaintiff to amend a complaint, or which ask the court to order the other party to comply with discovery requests. Another common motion involves asking the court to dismiss the charges against a particular defendant. Prior to trial, conferences may also be called to allow both sides to discuss the issues of the case. These pre-trial conferences are intended to lessen delays in trial proceedings.

If you have any questions about today's column, or about any aspect of our legal system, please call our office today. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence, and integrity. If you would like to make an appointment, please call our offices at 952-226-1202. Our firm works out of Savage, MN. Multiple Services. Singular Commitment.

HINT: Either party in a civil case can file a motion for summary judgment, which requests the court to decide the case on the merits prior to trial because there are no disputed facts.

All In The Execution (4-8-13)

Those appointed executors of estates must abide by certain laws, regulations, standards, and guidelines while probating the estate of the deceased who appointed them. While the process is not necessarily complex, it helps to have some knowledge and experience when filing a petition in probate court to have the deceased's will validated, notifying creditors, and closing off the estate by filing the necessary papers before making distributions to beneficiaries. Because one small error can set the whole process back, most people tend to engage the services of a lawyer to assist them with the probate process. Having someone on the executor's side who has encountered just about every conceivable problem can help greatly to speed the process along.

Are you wrestling with the complex job of estate executor? Are you worried about deciding who should be your executor? Either way, you need the advice of an attorney who has experience with all aspects of estate planning and wills. You need to call our office. Our attorneys have years of experience with all the problems and complications that can arise during the execution of a will. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The document issued by the probate court appointing an executor to commence probate of a deceased person's estate is known as the "letter of authority."

March 2013

Trusted Advice (3-25-13)

For whatever reason a parent might have in mind to disinherit a child, he or she should be cautioned that children who are omitted from wills are likely to sue for their inheritances. They are not likely to win their lawsuits, but their legal actions may well prove so costly to the other children that they find it less burdensome to settle with the disinherited sibling. With this in mind, parents who entertain thoughts of omitting children from their inheritance plans may want to think instead about putting the child's share of the estate in a trust. Then, the parents can spell out when and how their estranged child can get any money or income from the trust.

Writing a will can be hard enough. Writing a will when dealing with the implications of an estranged child can be exhausting and complicated. If you have any questions about how to write a will or any other aspect of estate planning, please call our offices at 952-226-1202 for an appointment. In addition, we also provide counsel dealing with bankruptcy, estate planning, wills, trusts, and real estate laws. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If there is a potentially controversial element in your will, you may want to discuss the matter with your heirs beforehand or write an explanatory letter to accompany your will.

Preventing Foreclosure (3-11-13)

In recent times, we have seen that some people have debt problems so severe that they're threatened with foreclosure on their homes. When faced with this frightening prospect, homeowners may want to consult with an attorney about possible defenses to foreclosure. For instance, it may be possible to show that a lender made false or deceptive representations about the loan. If homeowners find themselves with high-interest loans, or they were not told the truth about the loan, a lawyer may be able to help. Otherwise, an attorney may prove helpful in working out a solution with the lender that satisfies both parties. It is in everyone's best interest that the homeowner remains in the home and that payments are made.

If you have any questions about foreclosure, or about bankruptcy, please call our office. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence, and integrity. In addition to help with foreclosures, we offer counsel for issues dealing with estate planning, contract law, and business law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The state requires that lenders follow certain procedures when foreclosing on a home. Homeowners in this difficult situation should make it a point to see that they are followed.

February 2013

Legal Issues Without The Drama (2-25-13)

Many of us are accustomed to seeing legal issues played out on TV and in the movies. If not murder, the plot may revolve around a class action suit against a corporate outlaw. In any case, there is likely to be high drama in the courtroom. While such cases do occur, the average person usually has a much less dramatic involvement with the law. In fact, most people's acquaintance with legal issues is limited to real estate matters. That is, people are far more likely to engage the services of an attorney to handle the purchase or sale of a home than to sue a corporate polluter. With this in mind, whom would you call if you needed a lawyer?

You should call our office. Our thoughtful attorneys have years of experience dealing with a wide variety of legal issues, including estate planning wills, trusts, corporate law, and real estate law. We can provide you with the expert counsel you want and the thoughtful personal service that you need. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: At the very least, everyone should have a family lawyer to handle wills and consult with about liability matters.

What If? (2-11-13)

If a person becomes incapable of managing his or her affairs due to illness, disease, injury, or old age, it has been traditionally necessary to go to court to get a conservator of his or her estate appointed. Because conservator proceedings can be lengthy, expensive, and emotionally challenging, it's certainly preferable to avoid the necessity of this procedure by signing a "power of attorney" before such need arises. This document gives another person the right to act on the grantor's behalf. While "ordinary" power of attorney ends with the incapacitation of the grantor, a "durable" power of attorney enables the individual holding the power of attorney to act and/or make decisions on behalf of the grantor until the grantor's death.

Thinking ahead to your old age isn't pleasant, but it can be very important for you and for your loved ones. If you would like to do the responsible thing and plan ahead, please call our office. Our attorneys have years of experience dealing with all aspects of estate planning, including writing powers of attorney, and we will work with you to be certain that you and your family are as prepared as possible. In addition, we can help with trusts and wills. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: "Limited" power of attorney permits the designated individual to handle a specific situation for the grantor.

January 2013

Non-Competing Interests (1-28-13)

If you are considering selling your business here or elsewhere, you should find out if the state where the transaction will occur allows "non-compete agreements." These agreements expect the seller to agree not to compete after the business is sold. Even in some states that allow non-compete agreements, to be enforceable, such agreements must be strictly limited by time, geography, and scope. This is because judges are not overly willing to restrict a person's right to earn a living despite the buyer's insistence that you not go into a competing business that will cut into his or her income. Before signing such agreements, sellers should know how much they are being compensated and how much it will restrict them.

Business and contract issues are clearly a subtle and complex area of the law. That's why, if you have any legal questions about a contract, you should call our office. Our experienced attorneys have spent years learning the intricacies and nuances of our state's law. let us use the knowledge to make sure that you get a fair deal in all your contracts and transactions. In addition to contract law, we also provide counsel for issues involving family law, real estate, and estate planning. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Those planning to retire or go into a completely different kind of work may have no problem signing a non-compete clause.

Hard Realities of Will Software (1-14-13)

If you are finally thinking about drawing up a will, you may be tempted to purchase a software product that costs less than what a lawyer might charge. While these products are designed to guide you through an interview with the goal of identifying your intentions, they may have limitations that render them suitable only to those with the simplest set of circumstances. They may have outdated information or insufficient detail regarding state estate law. Will software may also be so inflexible that it doesn't allow you to distribute property in exactly the way you intend, or it may be so flexible that you may add clauses that contradict other parts in the will. Your family deserves better.

If you feel it's important for your estate to be divided up according to your wishes, and not according to some generic piece of software, then you need to call our office. Our attorneys have years of experience dealing with all aspects of estate planning, including writing complex wills, and we will work with you to be certain that your wishes are carried out after you're gone. In addition, we can help with trusts, living wills, and power of attorney. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A do-it-yourself will may be incomplete in that it doesn't address the creation of a special-needs trust or the specifics of compensating an executor, all questions that a lawyer would likely address.

December 2012

Executive Decision (12-31-12)

People are usually very flattered when asked to be the executor of an estate because the job requires executors to have the highest ethical standards while following a set of established rules and procedures. However, as the reality of being thrust into the unfamiliar world of probate courts and reading complicated documents sets in, some executors may come to realize they are not up to the task. Matters may be further complicated by heightened emotions and the impatience of beneficiaries. When a person resigns as executor after having started probate court proceedings, he or she can submit his or her resignation and give the court a written record of what has been done. The court will then appoint a replacement.

Do you have any questions about the position of executor, or about any aspect of estate planning? If so, please call our office right away. Our lawyers have years of experience navigating the complex world of wills, trusts, and probate, and we can work with you to ensure that your wishes are followed even after you are gone. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Before accepting the role of executor, carefully examine your own capabilities and energy.

Tough Times, Tough Decisions (12-17-12)

As the media heralds difficult economic times, many people are finding themselves in personal debt crises. While this problem can cause embarrassment, it can be addressed in a constructive manner. By enlisting the help of an attorney who is experienced in the legal aspects of debt and bankruptcy, people with debt issues can begin the journey back to financial well-being. Chapter 7 bankruptcy cancels most of a person's debts by empowering the bankruptcy trustee to liquidate all of his or her non-exempt properties for the benefit of creditors. Chapter 13 bankruptcy allows a person to keep all of his or her property by agreeing to restructure his or her debt and repay it over time.

Do you have any questions about the different sorts of bankruptcy option that are available to you? Please call our offices for an appointment with one of our discreet and compassionate attorneys. We can provide you with the thoughtful legal advise you need and the understanding and respect that you deserve during this difficult time. In addition to bankruptcies, we also handles cases dealing with corporate law, real estate law, and estate planning. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 7 bankruptcy is sometimes referred to as "liquidation" bankruptcy while Chapter 13 bankruptcy is called "reorganization" bankruptcy.

Fighting Foreclosure in Court (12-3-12)

If you are being foreclosed upon, it may be worth fighting the foreclosure in court if the foreclosing party failed to follow the law or you were deprived of an important right. At the very least, significantly delaying the foreclosure lawsuit could buy you more time in your home. Also, as is often the case, you cannot really get a firm grasp on whether a foreclosure is illegal until you gain access to internal bank documents. After a lawsuit has been filed, your attorney can enter into "discovery" proceedings, which require that documents be produced. Although a lawsuit may be costly, it may prove to be worthwhile in cases in which the foreclosure lawsuit is dismissed.

Are you wrestling with the legal issues surrounding foreclosure? Do you have any questions about your rights? If so, please call our office. Our discreet attorneys have years of experience dealing with a wide range of legal issues, including foreclosure and bankruptcy, and we can provide you with the compassionate counsel that you deserve during this difficult time. We also accept cases dealing with corporate law, estate planning, and real estate issues. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If foreclosure on your home is filed against you while you were on active duty in the military, you can automatically receive a nine-month postponement of the proceeding by requesting one from the court in writing.

November 2012

Acting Out of Spite (11-19-12)

As one might suspect, the (in)actions of neighbors often draw people into legal disputes. One of the more common bases for such disputes is what is known as a "spite fence." This term refers to a fence that is constructed for the sole purpose of annoying a neighbor. Typically, when a fence unnecessarily exceeding six feet in height is erected or maintained to annoy the occupants of an adjacent property, it can be deemed a private nuisance. In such cases, those deprived of the right to enjoy their own property have the right to sue for damages for their injury. A fence that shuts out air and light from a neighbor's view is illegal in most areas.

If you have an acrimonious relationship with your neighbor, you need to call our office. Our lawyers have years of experience dealing with the these sorts of cases and we can help you settle the issue with thoughtful advice and legal acumen. And, if you go to court, we can give you the representation you deserve. We also provide counsel in cases dealing with real estate law, estate planning, and corporate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Trees can constitute a fence when it comes to defining a spite fence.

Credit Counseling (11-5-12)

Before filing for Chapter 7 bankruptcy, an individual must first seek credit counseling from an agency approved by the U.S. Trustee's office for their region within a 180-day period before filing. The goal of credit counseling is to provide a sense of whether a person really needs to file for bankruptcy or if an informal repayment plan will suffice to get a person back on sound financial footing. This requirement does not apply if there is no credit counseling agency within a prospective bankruptcy filer's region. Also, the law does not require participants to necessarily agree to the repayment strategy proposed by the agency. However, the plan must be filed along with other bankruptcy documents.

Are you contemplating bankruptcy? Do you need a lawyer to help you through this difficult time? If so, please call our office to make an appointment with one of our compassionate and discreet attorneys. We understand the emotional difficulties as well as the legal ones that accompany filing for bankruptcy and we can provide your with the thoughtful counsel you need and the understanding that you deserve. Please call 952-226-1202 to schedule an appointment to discuss your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In a Chapter 7 bankruptcy, the filer gets to cancel certain types of debt, including most credit card, medical, and legal debts. However, debts such as child support, alimony, back taxes, and others cannot be discharged.

October 2012

Debts Not Covered By Bankruptcy (9-24-12)

Consumers considering bankruptcy should know what obligations bankruptcy does not affect. For instance, obligations defined as "domestic support obligations" are not dischargeable. Such obligations include child support, alimony, and any other debt that is in the nature of alimony, maintenance, or support. For instance, a spouse may have previously agreed to pay for the other spouse's (or child's) future living expenses in exchange for lower support payments. If so, this obligation to pay future expenses may be considered as support owed and, thus, nondischargeable. However, to be considered so, the domestic support obligation must have been established in a separation agreement, court order, or determination made by a child-support enforcement agency.

Issues of debt, bankruptcy, and domestic support obligations are complicated on their own. When you combine them, they can become very tricky indeed. That's why you need to call our office. Our lawyers have years of experience dealing with the nuances of these areas of law and we can help you understand how they interact and how the law affects you. We also provide counsel in cases dealing with real estate law, family law, probate, and estate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Student loans are very difficult to discharge under bankruptcy, requiring the filing of a separate action in the bankruptcy court and a ruling in favor of "undue hardship."

Buying a Home? (9-10-12)

When purchasing a home, a real estate attorney may be as important to you as a real estate agent. Whether or not the state requires a lawyer to be part of the home buying process, an attorney may perform the invaluable service of overseeing the entire process, including checking for compliance with all the terms and conditions of the sales contract. Real estate attorneys may also perform a title search, explain the effect of any easements or use restrictions, negotiate or represent you in a contract dispute with the seller, and represent you at the closing. Other services include reviewing covenants, conditions, and restrictions (CC&Rs); community interest development agreements; co-op proprietary leases; and new-home contracts drawn up by the developer.

Are you thinking about buying a home? If so, you may need an attorney to help. Our experienced attorneys have the expertise you need in a wide variety of real estate issues, and can provide you with the legal expertise you need to feel secure in the largest purchase you're likely to make. In addition to real estate law, our practice also takes cases dealing with bankruptcy, estate planning, wills, trusts, and corporate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A real estate attorney can also help those buying a house jointly to structure a co-buyer agreement and document how the title will be held.

September 2012

Debts Not Covered By Bankruptcy (9-24-12)

Consumers considering bankruptcy should know what obligations bankruptcy does not affect. For instance, obligations defined as "domestic support obligations" are not dischargeable. Such obligations include child support, alimony, and any other debt that is in the nature of alimony, maintenance, or support. For instance, a spouse may have previously agreed to pay for the other spouse's (or child's) future living expenses in exchange for lower support payments. If so, this obligation to pay future expenses may be considered as support owed and, thus, nondischargeable. However, to be considered so, the domestic support obligation must have been established in a separation agreement, court order, or determination made by a child-support enforcement agency.

Issues of debt, bankruptcy, and domestic support obligations are complicated on their own. When you combine them, they can become very tricky indeed. That's why you need to call our office. Our lawyers have years of experience dealing with the nuances of these areas of law and we can help you understand how they interact and how the law affects you. We also provide counsel in cases dealing with real estate law, family law, probate, and estate law. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Student loans are very difficult to discharge under bankruptcy, requiring the filing of a separate action in the bankruptcy court and a ruling in favor of "undue hardship."

Buying a Home? (9-10-12)

When purchasing a home, a real estate attorney may be as important to you as a real estate agent. Whether or not the state requires a lawyer to be part of the home buying process, an attorney may perform the invaluable service of overseeing the entire process, including checking for compliance with all the terms and conditions of the sales contract. Real estate attorneys may also perform a title search, explain the effect of any easements or use restrictions, negotiate or represent you in a contract dispute with the seller, and represent you at the closing. Other services include reviewing covenants, conditions, and restrictions (CC&Rs); community interest development agreements; co-op proprietary leases; and new-home contracts drawn up by the developer.

Are you thinking about buying a home? If so, you may need an attorney to help. Our experienced attorneys have the expertise you need in a wide variety of real estate issues, and can provide you with the legal expertise you need to feel secure in the largest purchase you're likely to make. In addition to real estate law, our practice also takes cases dealing with bankruptcy, estate planning, wills, trusts, and corporate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A real estate attorney can also help those buying a house jointly to structure a co-buyer agreement and document how the title will be held.

August 2012

All in the Execution (8-27-12)

While a person might be flattered that he or she has been appointed executor of someone's estate, accepting the role necessitates some hard thinking. An estate executor is likely to find the job to be lengthy and exhausting. Generally, it is the estate executor's job to protect a deceased person's property until all debts and taxes have been paid, after which the remaining funds and property must be transferred to the people entitled to them. Among the many tasks required to be performed are: filing the will with the probate court, working with banks and other financial institutions, selling real estate, taking inventory of everything in the estate, and figuring out all liabilities. Not everyone is up to the task.

Do you have any questions about being an executor? Perhaps you're worried about choosing an executor for your will? Our lawyers have years of experience with all aspects of estate planning and we're happy to advice you, no matter what your situation. In addition to estate law, we accept cases dealing with bankruptcy, real estate law, and corporate law. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Many people come to the conclusion that estates are best executed by lawyers, who are familiar with the procedures and do not have an emotional stake in the proceedings.

Anticipating the Worst (8-13-12)

According to a recent AARP poll, only 36 percent of Americans have a living will, a document that outlines certain procedures that a person does or does not want to have performed under certain circumstances. For instance, some people do not want feeding tubes or respirators used to prolong their lives. A living will makes such preferences known in the event a person cannot communicate his or her desires. Moreover, since living wills cannot anticipate every circumstance, everyone is urged to give someone he or she trusts "durable power of attorney for health care." Doing so gives that person, known as the health-care proxy, the right to make medical decisions on behalf of the incapacitated person who gave the authority.

Clearly, a living will is a vital document to ensure that your wishes are carried out if you're not able to voice them. If you're interested in writing a living will or any other aspect of estate planning, you need a to call our office to schedule an appointment. Our compassionate and experienced attorneys will guide you through the process of writing a living will. In addition, we're happy to accept cases dealing with real estate law, bankruptcy, and corporate law. Please call 952-226-1202 to schedule a free initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If your situation is complex, consider consulting an attorney when drawing up a living will or giving someone "durable power of attorney" to oversee your finances.

July 2012

Being Sued by a Creditor? (7-30-12)

If a creditor is suing you, it will usually be in the state where you live or where the transaction transpired. In the event that where you live is different from where the transaction occurred, the creditor will usually select the state where you live to file the lawsuit. The reason for this is that the court requires a substantial connection between you and the state in which you are being sued. On the other hand, some contracts may specify that you agree to be sued where the company is located even if it is a considerable distance away. If so, you may be able to resist being sued on a consumer contract in a state other than yours.

These are difficult times, financially. We understand. If you're being sued by a creditor or considering bankruptcy, you want a lawyer with experience, expertise, and compassion. Our experienced lawyers have spent years providing counsel in a wide spectrum of cases, including those that involve creditors. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Once a creditor has selected the state and county in which to sue a debtor, the creditor must choose either small claims court or the state's civil court.

Going Corporate (7-16-12)

One of the primary reasons that corporations are formed is that they provide limited liability protection to their owners. A corporation is considered to be an "individual," with the same rights, duties, and obligations as any individual. In order to preserve this legal separation between the corporation and its owners, officers, and directors, it is necessary to comply with all the requirements in running the corporation. Furthermore, the corporation must be properly set up with the adoption of corporate bylaws, the issue of corporate stock, the transfer of assets to the corporation, the issuance of proper state and local licenses in the corporate name, and an announcement that the business is operating as a corporation.

Do you have any questions about corporate structure, liability, or other business law issues? If so, you need a good lawyer who has experience with corporate law. Our attorneys provide representation in many areas of the law, including bankruptcy, estate planning, wills, trusts, real estate law, and, of course, corporate law. Please call 952-226-1202 to schedule an initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Like a person, a corporation can enter into contracts, sue and be sued, and pay taxes separately from its owners.

Withstanding A Challenge (7-2-12)

A "living trust" ensures that property will go directly to the deceased's inheritors without going through probate. One of the additional advantages of creating a living trust is that it is generally considered to be more difficult to successfully challenge a living trust than a will. The reason for this is that the trust creator's continuing involvement with a living trust (such as transferring property and making amendments) after its creation provides proof that the trustor was competent to manage his or her own affairs. In order to challenge the validity of a trust, it would have to be proven that the trust's creator was mentally incompetent or unduly influenced by someone, or that the trust was flawed.

If you have any questions about living trusts or wills, or any aspect of estate planning, please call for an appointment at our office. Our experienced lawyers have spent years providing in a wide spectrum of cases, including those that involve real estate law, estate planning, and matters of probate. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The primary reason for setting up a revocable (living) trust is to save families the time and expense involved with going through probate.

June 2012

Separations (6-18-12)

Each member of an unmarried couple owns only his or her own property unless the couple agrees to share ownership of specified property. In order to be enforceable, an agreement to own property together often must be in writing. However, if an unmarried couple decides to keep each person's property separate, it is similarly a good idea to create a written agreement that lists the property of each individual. That way, each is free to give his or her property to whomever he or she wishes. If property ownership is shared, each is free to dispose of his or her share only according to the terms of a written contract or in a tenancy in common or partnership.

Estate matters can be particularly complicated when your family doesn't conform to "traditional" definitions. If you have any questions about any aspect of this evolving area of the law, please call our office. Our experienced attorneys have the expertise you need to make sure that your legal issues are settled equitably, whether you were legally married or not. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Property held by unmarried couples in joint tenancy automatically goes to the survivor.

According to Precedent (6-4-12)

Our system of "common law" is based on the ancient law of England that ensures fair and equitable judgment. Alongside statutes and ordinances, court-made laws serve as "precedents" that guide future courts faced with similar decisions. Thus, whenever a judge writes an opinion deciding a case, it is an important matter for all those living under the law because that court-made law becomes part of the common law and will affect anyone faced with similar situations. Decisions made by lower courts may be implemented, but do not necessarily bind other state courts to make the same decision. However, decisions made by the highest court in the state (Supreme Court) are rulings that bind other courts.

Our legal system is complex and can be confusing. If you have any questions about any aspect of the law, or if you need a good lawyer, please call our office. Our experienced lawyers have spent years providing in a wide spectrum of cases, including those that involve estate planning, real estate law, probate, and bankruptcy. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Decisions made by the state Supreme Court bind all other state courts until time, custom, and social change compel the court to change the doctrine. Otherwise, the legislature can change the law.

May 2012

Naming A Personal Guardian (5-21-12)

Among the many gut-wrenching prospects that people face when drawing up their wills is the matter of who will care for their minor children in the event that one or both parents die before the children reach adulthood. As a general matter, if both parents are willing and able to care for the children, and one of them were to die, the remaining parent would take over physical custody and assume responsibility for the children's care. If a single parent or both parents were to die, there must be a plan in place that addresses the care of the children. This involves naming a personal guardian for minor children in the will after consulting with potential candidates.

Naming a personal guardian for your children is a decision that is as difficult as it is vital. You need a thoughtful and compassionate attorney to help you through making these complicated decisions. Let us help. We have years of experience dealing with all aspects of estate planning, including wills, trusts, and, of course, naming a guardian. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Both parents should name the same person as guardian in each of their wills to avoid the possibility of a dispute in the event that both parents were to die together.

Can Bankruptcy Prevent Foreclosure? (5-7-12)

Homeowners faced with foreclosure might want to consult with an attorney about filing for Chapter 13 bankruptcy to save their homes. Once the filing is made, the federal bankruptcy court issues a "stay" that bars all creditors (including mortgage lenders) from attempting to collect on debts without the court's permission. Once a repayment plan is approved, homeowners filing Chapter 13 bankruptcy are protected from foreclosure during the plan's entire period as long as they continue to make the required plan payments and loan payments. The debt repayment plan must show that the Chapter 13 filer has enough income to continue to make mortgage payments, gradually make up missed payments, and pay back a percentage of other debts.

Bankruptcy and foreclosure issues are emotionally fraught and legally complicated. Our experienced attorneys understand and we provide you with the legal counsel you need as well as the compassion and discretion that you want during this trying time. In addition, we can also provide representation in matters involving real estate law, estate planning, and matters of probate. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 13 bankruptcy enables those who stick to their repayment plans to wipe out unsecured debt, which frees funds to pay mortgage payments.

April 2012

In Your Particular View (4-23-12)

While no one has the "right" to air, light, and a view without being granted such in writing by a (local) law or subdivision rule, that does not mean that someone can deliberately block someone else's view. For instance, if a homeowner wants to preserve a view that a neighbor intends to block with a fence or building, it may help to resolve the matter by finding a local law that regulates the height of fences (and trees that serve as fences) and places limits on the height and square footage of buildings and structures. If there is an ordinance that violates the law, the first step involves talking to the neighbor or writing a letter that explains the violation.

Dealing with disputes between neighbors can be a thorny issue, one that requires not only a thorough understanding of the law, but also compassion, understanding, and a delicate touch. Our attorneys can offer you the good advice you need to handle your issue properly, before it escalates into something ugly. In addition to real estate law, we also handle cases involving family law, wills, and probate. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In many cases, a "lawyer letter" will help resolve a problem between neighbors and avert the need to take legal action.

Saving Your Home (4-9-12)

While a Chapter 13 bankruptcy may help those facing foreclosure to come up with a payment plan that helps them keep their homes, Chapter 7 bankruptcy is more suitable for those who are current on their mortgage payments but face future problems meeting this obligation. Thus, Chapter 7 bankruptcy may help prevent foreclosure in the long run by making a mortgage more affordable. It does so by getting other debts cancelled, which makes more money available for making payments on a first mortgage. On the other hand, Chapter 7 bankruptcy is called "liquidation" bankruptcy because, although it may cancel debts, the bankruptcy court may have to sell (liquidate) some assets for the benefit of creditors.

Wrestling with foreclosures and bankruptcy is a difficult issue, one that is fraught with legal complexities and emotional pain. Our experienced attorneys understand and provide you with the legal counsel you need as well as the compassion and discretion that you want during this hard time. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Chapter 7 bankruptcy is well-suited to homeowners facing a higher reset on their adjustable mortgage interest rate that they do not anticipate being able to afford.

March 2012

Who Will Have The Final Say? (3-26-12)

According to one recent survey, only slightly more than one-third of Americans have a will and fewer than half have any estate-planning documents in place. While very few people are comfortable with thinking about dying, it certainly helps to have a will. A will helps surviving family members cope with a most difficult period in their lives, and it designates an executor to carry out important decisions. Otherwise, people who die without a will (intestate) must rely on the court to distribute the deceased's property according to state law. This is a prospect that may be even more distasteful to most than drawing up a will, in which case, this important matter should be addressed.

We understand how unpleasant it can be to spend time contemplating your own death. Our compassionate and experienced attorneys will provide you with the understanding you want as well as the thoughtful counsel that you need to be certain your wishes are carried out after you are gone. In addition to wills, we also provide representation for cases involving family law, probate, and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: The property of people who die intestate (without a legal will) and with no family members to inherit goes to the state.

Protection From Landlord Reprisals (3-12-12)

Tenants who deduct money from their rent for good reason, or complain to a government agency about unsafe or illegal living conditions, may wind up on their landlords' bad side. At worst, they may find themselves on the receiving end of retaliation. As a result, landlords may react by terminating a month-to-month tenancy or by refusing to renew a lease. Otherwise, landlords may retaliate by increasing the rent or decreasing services. Some renters who find themselves the object of their landlords' retaliatory moves decide that it is in their best interests simply to vacate the premises. Others decide to take a stand. If so, the first step in standing up for their rights is for renters to review state statutes.

Do you have any questions about landlord-tenant law? It can be a fraught issue, with a lot of emotional aspects. You need clear-eyed advice to help you through what can be a difficult time. At our office, our experienced attorneys can provide you with thoughtful counsel for a wide variety of everyday legal issues, from landlord-tenant conflicts to estate planning and bankruptcy. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Sometimes, a letter from a lawyer outlining the rights of a tenant may help a landlord see the error of his or her ways.

February 2012

Discrimination at Work (2-27-12)

Employees faced with discrimination may file a lawsuit against their employers on the basis of being intentionally treated differently or not being accommodated as legally required. For instance, an employee may be excluded or neglected for advancement on the basis of age, race, gender, or disability. Discrimination suits may also arise out of pay disparity, unfair job assignment, or the failure to promote solely on the basis of job-related performance and experience. Of course, an employee cannot win a discrimination case simply by making an allegation. It is necessary to prove an employer's improper motive, that the employee was qualified to do a job that was not offered, is a member of a protected class, and suffered an adverse reaction.

Do you have a question about on-the-job discrimination, or about any aspect of employment litigation? Our attorneys provide experienced legal counsel for a wide variety of cases, including estate planning, corporate law, and real estate law. We take pride in offering thoughtful personalized legal services to our clients. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: If unfair treatment stems from a personality dispute that is not based on membership in a protected class, it is not illegal.

Does A Handshake Seal the Deal? (2-13-12)

When making important agreements, people are often advised to "get it in writing." This admonishment likely stems from a statute of frauds and perjuries that was enacted in England in 1677 that required certain contracts to be in writing in order to be enforceable. If contracts were not in writing, the courts would not intervene. Subsequently, all 50 states and the District of Columbia have adopted versions of this law, referred to as the "statute of frauds." To be enforceable, a written contract need only contain such requirements as the subject matter, the price, and when the contract is to be performed. Most states require the other party to sign the contract, and some states require both parties to sign

The sad fact is, handshake deals aren't worth it. If you have any questions about a contract or about any aspect of corporate law, please call our office. Our lawyers provide thoughtful legal counsel in a wide variety of cases, including bankruptcy, estate planning, and corporate law. We will work to make sure you understand all aspects of a contract before you sign it. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Under some circumstances, a court will enforce an oral contract for the sale of goods more than $500.

January 2012

Claiming Breach of Contract (1-30-12)

A civil case involving breach of contract involves violation of the terms of a legally valid contract. Typical cases range from a borrower's failure to repay a loan to a company's refusal to pay agreed-upon compensation to an independent contractor to a seller's refusal to honor an oral agreement. The four cornerstones upon which a plaintiff builds a successful case are formation (the two sides have a legally binding contract), performance (the plaintiff did everything required under the contract), breach (the defendant failed to do what the contract required), and damages (the defendant's breach caused the plaintiff to suffer financial loss). For the plaintiff to win his or her case, all these individual elements must be proven at trial.

Do you have a question about breach of contract, or about any legal issue? Our attorneys provide experienced legal counsel for a wide variety of cases, including bankruptcy, estate planning, wills, trusts, and, of course corporate and contract law. We take pride in offering thoughtful personalized legal services to our clients. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Oral agreements are often enforceable, although plaintiffs may have difficulty proving their terms.

Going Into Business for Yourself? (1-16-12)

Most people who go into business for themselves legally structure their businesses as "sole proprietorships" because they are relatively inexpensive and easy and fast to set up. However, a sole proprietorship is only possible when a business is owned by one person (and spouse). Owners of sole proprietorships are personally responsible for all business debts while a limited liability company (LLC) and corporations usually shield their owners' assets from such debts. Unlike a corporation or an LLC that elects to be taxed as a corporation, a sole proprietor and his or her business are considered to be one and the same legal entity for tax purposes. Consequently, business income, expenses, and deductions are reported on the owner's individual tax return.

Are you considering starting your own business? Do you have questions about the long-term legal and financial ramifications of how you choose to structure your business? If so, you need to call our office. Our experienced attorneys provide counsel for a wide variety of legal issues, including real estate, probate, wills, family law, and, of course, business issues. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: In a "general partnership," the business-related acts of one partner legally bind all others.

Enough Cash To Go Around? (1-2-12)

One issue that must be addressed by the executor of a will is that there are sufficient liquid assets (cash or assets that can be quickly converted to cash) to pay the bills of the deceased's estate. If there are not enough funds to cover the debts, assets must be sold, which should be done prior to distributing property to beneficiaries. If there are not enough assets to pay all the debts, state law will dictate the priority with which outstanding debts must be paid. As a general matter, funeral expenses, family allowances, lawyers' fees, court costs, and executor's fees are to be paid in full (or to the extent possible) before other, lower priority creditors are paid.

If you have any questions about the duties of an executor or about writing or executing a will, then you should call our office. We have years of experience dealing with all aspects of estate planning, wills, and probate, and we can provide the professional guidance you need as you move through these complex decisions. In addition to wills, we can also provide representation in matter of family law and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Executors are usually not responsible for an estate's debts unless they caused the estate to lose money or the executor is the surviving spouse (depending on the circumstances).

December 2011

The Rights of Renters (12-19-11)

As the state of the housing market leads increasing numbers of people to consider renting as a housing option, they should know that they have certain rights. Landlords are well within their rights to reject a person with a poor credit history, insufficient income to pay rent, negative references from a previous landlord or employer, or a prior eviction lawsuit. On the other hand, the Federal Fair Housing Acts prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children), and physical or mental disability. With this in mind, anyone who feels that he or she has been unlawfully discriminated against may try to negotiate an acceptable settlement or file a lawsuit.

If you have any questions about landlord or renters rights, or about any legal issue at all, please call our office. We are proud to take cases that involve bankruptcy, estate planning, wills, trusts, corporate law, and real estate law. Our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. We are positive and energetic, responding to our clients' needs with clarity, diligence and integrity. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: When two or more people sign the same rental agreement or lease or enter into the same oral rental agreement, they are co-tenants and share the same legal rights and responsibilities.

For Renters (12-5-11)

Conditions in the real estate and financial markets are leading numbers of people who have never rented before to look for apartments. If you count yourself among these new renters, you should know the difference between a lease and a rental agreement. While a lease is for a set term, a rental agreement is for a tenancy that may be terminated by either party at any time, usually after giving reasonable notice. Some landlords may favor rental agreements because they don't want to be locked into a fixed term or rent amount. A rental agreement that attempts to lock in a tenant while allowing the landlord to terminate the tenant at any time is not likely to be legally enforceable.

If you have any questions about the difference between a rental agreement and a lease, or about any legal issue, please call our office. Our experienced lawyers provide personalized service for clients in a number of areas, including bankruptcy, estate planning, wills, trusts, corporate law, and real estate law. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: An agreement that calls for one party to perform while the other party can get out at any time is not a binding contract.

November 2011

Your End-of-Life Wishes (11-21-11)

If you have deliberated about what kind of medical treatment you would want if you are at the end of your life and unable to communicate, your wishes may be expressed in an end-of-life directive. One such directive, a "living will," clearly states the kind of life-sustaining medical treatment(s) you would/would not want if you couldn't speak for yourself. Documents of this type, which come into play when a person is in a coma or vegetative state, should be in the hands of an attorney or trusted family member or friend. Another directive, known as a "medical power of attorney," allows a select person to be an agent of the non-responsive person and make decisions about his or her care.

Thinking about things like a living will can be uncomfortable or even upsetting. But it's much better if you take care of these things now, instead of leaving them unresolved until there is a crisis. If you are interested in writing any sort of end-of-life document, including a living will, will, or assigning a medical power of attorney, please contact our office at 952-226-1202 to make an appointment. Our attorneys have the compassion you want and the expertise you need to make sure your wishes are carried out. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Because the laws governing advance directives vary by state, it is important to sign directives that comply with your state's laws.

Are You Willing to be Summarily Dismissed? (11-7-11)

If you are behind on your debt payments and the creditor decides to sue you, he may try to convince the judge that none of the facts of the case are in dispute and that he (the plaintiff) is entitled to payment as a matter of law. For instance, the creditor may say that you signed an agreement, made no payments, and have no valid reason for not paying. If the judge agrees with the creditor filing a "summary judgment motion," he or she can enter the judgment against you without a trial ever taking place. However, if there are important facts in dispute, you have every reason to contact a lawyer and oppose the summary judgment.

During these difficult times, legal and financial issues have become entwined and you need a good lawyer to help you sort out all the details. Our compassionate attorneys have years of experience dealing with the various aspects of financial difficulties and we can help you if you're struggling with debt issues or bankruptcy. In addition, we provide legal services if you're writing a will, dealing with probate, or simply thinking about writing a will. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: While responding to a summary judgment motion can be complicated, the entire lawsuit may be at stake. Consult with a lawyer to see whether it is worth your while to fight.

October 2011

Working Solutions (10-3-11)

Employees facing long-term health problems may understandably feel reluctant to discuss the matter with their employers. However, maintaining silence may prove counterproductive since employees who are demoted or fired before making their chronic conditions known may not be covered by the law. Those working at firms with 15 or more employees are protected by federal law, which says that a worker cannot be fired for a disability as long as he or she can perform the "essentials" of his or her job, even if reasonable changes must be made in the work environment. At firms with 50 or more employees, workers are entitled to 12 unpaid weeks of leave within a 12-month period if a physician deems it necessary.

Do you have a question about working with a chronic condition? If so, please call our office. Our lawyers have years of experience dealing with all aspects of the legal system and will be happy to answer all of your questions. Our practice accepts a wide variety of cases, including those that deal with employment litigation as well as wills, estate planning, real estate law, and personal injury cases. If you have any questions, call 952-226-1202 to make an appointment. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: A lawyer with experience in employment law can help guide employees through state and local laws that apply to small companies.

Separate Paths to the Same Place (10-10-11)

Traditionally, it has been common for married couples who were in agreement regarding how their property should be distributed to write a joint will. While this approach would seem to make a great deal of sense, it may be fraught with potential shortcomings. Joint wills are drawn up with the intention of preventing the surviving spouse from changing his or her mind about how the property should be distributed after the death of the first spouse. However, from a practical standpoint, it may create a logjam in which the property is tied up in prolonged title and probate determinations. Moreover, legal battles may ensue in which the surviving spouse is challenged over revoking any part of the joint will.

Writing a will is an emotionally fraught task. Add in these legal complexities and the job becomes all that more difficult. At our office, our compassionate attorneys have years of experience dealing with the various aspects of writing wills, as well as estate planning, probate issues, and other everyday legal issues. We provide the understanding you want as well as the expertise you need. If you have any questions or would like to schedule an appointment, please call 952-226-1202. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: For the reasons cited above, it often makes better sense for a husband and wife to write separate wills even if they agree on how their property should be distributed.

Your Personal Stake In Your Case (10-24-11)

When it comes to determining "special damages" in a personal injury case, plaintiffs and their lawyers can rely on financially quantifiable losses such as medical costs, lost time on the job, and documented income losses to provide them with easily identifiable numbers. However, "general damages" are not as easy to calculate. To begin with, general damages include pain and suffering and other forms of non-economic loss to which it is difficult to attach numbers. Less predictable is the way that a jury might react to a plaintiff's mental anguish or disfigurement. One thing that experienced lawyers do know is that plaintiffs who are sincere and able to make emotional connections with a jury are likely to fare best.

It takes an experienced and savvy lawyer to properly gauge a jury and the proper amount to request for general damages. That's why, if you are considering pursuing a personal injury case, you need to call our office right away. We provide experienced and aggressive representation for clients in a wide variety of personal injury cases and we can make sure you get all the money that you deserve. Call 952-226-1202 to make an appointment today. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: It is part of a lawyer's job to gauge the plaintiff's ability to be a good witness and adequately impress the jury with the seriousness and implications of his or her injury.

September 2011

Juries Large and Small (9-1-11)

Unlike the "petite juries" that serve during public trials to decide whether criminal defendants are guilty, "grand juries" meet in secret proceedings to decide whether to indict suspects charged with crimes. Another factor that sets grand juries apart from petite juries is that grand jurors typically serve for months, not days. Grand juries are also made up of 15 to 23 jurors (16-23 in federal courts) and need not be unanimous to indict. During an indictment proceeding, a prosecutor presents the charges and evidence to the jury without the suspect or his or her lawyer present. Witnesses may be called. If the grand jury decides to indict, it returns a "true bill." If not, it returns a "no bill."

Do you have a question about indictment, grand juries, petite juries, or any other aspect of the legal system? If so, please call our office. Our lawyers have years of experience dealing with all aspects of the legal system and will be happy to answer all of your questions. Our practice accepts a wide variety of cases, including those that deal with wills, estate planning, real estate law and family law. Please call 952-226-1202 to schedule a free initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: Even if a grand jury returns a no bill, charges may still eventually be filed by the prosecutor, who can return to the same grand jury with more evidence or present the same evidence to a second grand jury.

The Cry Over Spilled Coffee (9-19-11)

Those professing our legal culture to be overly litigious often point to 1992's "hot coffee" case as an example of product-liability litigation gone mad. That case involved an elderly woman who accidentally spilled coffee from a well-known fast-food chain on her lap and sustained third-degree burns over 6% of her body as a result. After suing, the woman received $200,000 in compensatory damages (later reduced to $160,000) and $2.7 million in punitive damages. Underlying this award is the fact that discovery produced hundreds of similar incidents between 1982 and 1992 involving customers who were served coffee at temperatures about 40 degrees hotter than competitors' coffee. The company knew of the scalding risk but neither reduced the temperature nor warned customers.

Have you been hurt through the negligence of a company or person? Do you feel that you deserve compensation for your pain and injuries? Our compassionate attorneys have years of experience dealing with a wide variety of personal injury cases, including car accidents, truck crashes, and, of course product liabilities. We will work hard to get you the money that you deserve. Please call 952-226-1202 to schedule a free initial appointment to discuss the merits of your case. Our address is 6001 Egan Drive, Suite 140, Savage, MN. Multiple Services. Singular Commitment.

HINT: After a series of appeals, the woman in the "hot coffee" case settled with the fast-food chain for what was reported to be a punitive award of $480,000 (three times the compensatory damages).

August 2011

Proving Your Case (8-8-11)

Plaintiffs in civil cases generally have to prove their cases by "a preponderance of the evidence," meaning that the judge or jury must be convinced that each element of the plaintiff's legal claim has been proven only slightly better than 50 percent. However, there are a few types of civil cases in which the burden of proof may be higher. For instance, cases involving claims for fraud or for the breach of an oral agreement to make a will may require the plaintiff to prove the truth of each element by "clear and convincing evidence." The evidence generally must be stronger in claims requiring this higher burden of proof. Knowing the difference helps plaintiffs know what they are up against.

If you have any questions about the burden of proof in a case, or about any legal issue, please call and make an appointment to speak with one of our compassionate lawyers. We have years of experience dealing with all aspects of the legal system and will be happy to help you understand your case. Our practice accepts a wide variety of cases, including those that deal with estate planning, corporate services, bankruptcy, and real estate law.

HINT: The burden of proof in civil cases is considerably less than the "beyond reasonable doubt" standard to which criminal trials must adhere.

You Versus The Insurance Company (8-22-11)

When individuals suffer injury resulting from another person's negligence, the responsible party's insurance company often makes an immediate settlement offer. At this point, would-be plaintiffs are advised to politely decline the offer and consult with a personal injury lawyer, who can provide an idea of what the case may actually be worth. However, this does not necessarily mean that a settlement is out of the question. Most personal injury cases involving insurance companies end in settlements, largely because insurance companies are in the business of covering policyholders and limiting their liability, have the money to pay out, and generally do not want protracted legal battles with unsure outcomes. It is up to the plaintiff to get the best settlement possible.

If you feel that an insurance company has been treating you unfairly, or if you have any questions about a potential settlement, please call our office. Our compassionate attorneys have years of experience dealing with insurance companies in order to settle a wide variety of personal injury cases, from auto and truck accidents to wrongful death. The big companies have lawyers looking out for their interests, you should too.

HINT: A good settlement not only ensures a plaintiff of a win, it also avoids a protracted trial that can drain energy and emotions.

July 2011

Debts After Death (7-11-11)

The current financial climate may lead some to wonder what becomes of debts incurred by the deceased as they apply to an inheritance. As far as "unsecured" debts are concerned, they are paid from the estate as the executor decides. These include the most common types of debts such as medical bills. "Secured debts" are those that are owed on a specific property that must be paid before the property can belong to its owner free and clear. The most common example of a secured debt is the mortgage on a house. When property left in a will is subject to a secured debt, the debt legally passes to the beneficiary with the property.  

Do you have any questions about debt? Our compassionate and discreet attorneys understand the many issues surrounding the complex issues of debt and we can offer advice, whether you're wondering about unsecured debt, foreclosure, or bankruptcy. In addition, we can also help with real estate law and probate issues.

HINT: In some cases, the deceased may have provided resources to pay off a secured debt in his or her will so that the beneficiary may be relieved of the responsibility of paying it off.

The Jury Deliberates (7-25-11)

At a trial's conclusion, attorneys from both sides will give their closing arguments, which will sum up the evidence in a final bid to influence the jury's decision. The jury then receives its "charge," which is the judge's instructions on the law that applies to the case and definitions of the relevant legal concepts that may prove pivotal in the jury's deliberations. In some cases, the jury will be given a list of questions to answer. The jury is only supposed to consider the evidence presented at the trial, but jury members are usually told by the judge that they can use a witness's demeanor to determine if he or she is believable. After that, the jury deliberates privately.

Of course, not all legal matters involve a jury. Many are small things that require nothing more than a visit to your attorney's office. We take pride in providing personalized and expert service for all of our clients, whether it's a high-drama jury case or simply a matter of writing and signing your will. Our practice takes cases involving personal injury, estate planning, corporate services, bankruptcy, real estate law, personal injury, wrongful death, and employment litigation.

HINT: Opposing attorneys will consult with the judge presiding over their case to make sure that each of their client's interests is represented and nothing prejudicial occurs.

June 2011

A Delicate Matter (6-6-11)

While parents are notoriously reluctant to share details of their finances with their children, there are times when adult children must press the issue. For instance, research shows that individuals with even early-stage Alzheimer's disease experience trouble with simple financial tasks, which makes them easy targets for fraud. In order to help their elderly parents manage their money when they no longer can, adult children are strongly urged to discuss "power of attorney." This document authorizes an appointed person ("agent") to handle financial transactions (from signing checks to selling homes) for the person unable to do so on his or her own. A "durable power of attorney" takes effect immediately, which may help matters before they reach the tipping point.

Power of attorney is just one aspect of end-of-life planning which requires a lawyer. There are also wills, trusts, living wills, and estate planning to consider. It's not a pleasant task, but one that is much easier if you undertake it now, with the help of a lawyer. We can help you sort out these complex issues and make sure that everything is in order. Then you can rest easier, knowing that all the hard work has been done for your loved ones.

HINT: A "springing power of attorney," which does not take effect until a person is deemed incompetent by a doctor, may be problematic if the doctor does not want to get involved in a legal issue that may be disputed.

Who's Your Lawyer? (6-27-11)

Many people think that they have no need of a family lawyer. The fact is, however, that occasions may arise when a family lawyer is every bit as valuable as a family doctor or dentist. Most of the legal issues surrounding the average person do not involve traffic violations, personal injury, or crime. Instead, most people have need of a lawyer when it comes to real estate matters such as buying or selling property or a landlord-tenant dispute. Only a minority of such matters involve litigation. Instead, consultation with a lawyer is needed to understand and carry out legal arrangements such as transferring a title. When these and other legal questions arise, whom are you going to call?

From real estate law to help writing a will, our attorneys take pride in providing personalized and expert service for all of our clients, big or small. We are happy to help you deal with the everyday legal issues that don't make for high drama, but are important nonetheless. We can help with real estate law, wills, trusts, and probate issues.

HINT: Very often real estate disputes involve the return of earnest money after a real estate transaction goes bad.

May 2011

(Nearly) as Good as New (5-9-11)

If you were to suffer an injury as the result of another person's negligence, the law provides a way for you to be restored to your pre-injury condition. Both economic (out-of-pocket) and non-economic (loss of physical and mental well-being) losses are restored through monetary compensation. The term "general damages" refers to non-economic losses such as "pain and suffering," the valuation of which is left largely to the jury's discretion. "Special damages" are awarded for compensable harms such as medical expenses and lost wages, which can be quantified with bill statements, pay stubs, and other records. Thus, it is vitally important that you, the plaintiff, give a full accounting of your losses so that you may be properly compensated for them.

Determining the amount of compensation due to you for general or special damages is a long and complex process that must balance a number of different variables. That's why you need an experienced personal injury lawyer to figure out how much you're owed. Our attorneys have years of experience representing a wide variety of personal injury cases, including auto and motorcycle accidents and wrongful deaths, so we can accurately determine the amount of compensation that you deserve.

HINT: A plaintiff must specifically ask for special damages, which are also called "consequential damages" in the initial complaint.

Laying Claim (5-23-11)

While most civil lawsuits involve breach of contract or negligence claims, there are a number of other legal claims that may form the basis of a civil suit. For instance, if someone were to threaten you with a weapon, and you had a reasonable fear that the defendant was about to commit an immediate battery, you would have grounds for filing a suit for "assault." There is also the case of "false imprisonment," in which a defendant intentionally and unlawfully restrains the plaintiff's freedom of movement, such as the salesperson who refuses to allow a shopper to leave a store when there was no legitimate reason to suspect shoplifting. A lawyer can determine when a legal claim can be made.

If you've been the victim of assault or hurt through someone else's negligence and you have any questions about whether you have grounds for a civil case, you need to talk to a lawyer right away. Our attorneys have years of experience dealing with all sorts of civil cases, from personal injury suits to assault cases.

HINT: If you were to lend a possession of yours (such as a car) to a friend, and he or she were to sell it for profit without your permission, you would have grounds for the legal claim of "conversion."

April 2011

On the Right Side of the Law (4-2-11)

There is more to the practice of law than television's depictions of high courtroom drama and criminal behavior. In fact, most people in need of the services of attorneys are more likely to need professional representation when purchasing real estate or divorcing their spouses. Lawyers are also expert in the exceedingly important matters of drawing up and reviewing contracts as well as setting up corporations and other business entities. Attorneys may be called upon to initiate or defend civil suits that involve a range of wrongdoing, including personal injury. They also play roles in matters of death, wills and taxes. In future columns, we will show you how to put yourself on the right side of the law.

Welcome to our column. We hope you will find upcoming installments to be both practical and informative. We're proud to say that our attorneys provide a balanced range of legal services combined with a singular commitment to our clients. Our areas of practice include personal injury law, real estate law, family law mediation, bankruptcy, and corporate law, among others. We are positive and energetic, responding to our clients' needs with clarity, diligence, and integrity.

HINT: A lawyer's expertise may also extend to workers' compensation and rights in the workplace.

Chapter and Verse (4-25-11)

If your debts have become overwhelming and you are looking for ways to get control of your finances, you may be considering bankruptcy. While Chapter 7 bankruptcy allows you to immediately erase many debts, the price you must pay in return is that you must give up any property you own that is not protected by state and federal exemption laws. Chapter 13 bankruptcy permits you to retain your property while utilizing your income to repay some, or all, of your debts. Thus, Chapter 13 bankruptcy may be a good option for those who need time to pay off certain debts and have sufficient income to meet the Chapter 13 requirements. An attorney can answer all your questions.

Are you considering filing for bankruptcy? Do you have any questions about the long-term ramifications of doing so? Then please call 952-226-1202 to schedule an initial consultation with one of our experienced and compassionate attorneys. We can help you navigate the complex issues of bankruptcy and help you through this difficult time while helping to preserve your dignity and future finances.

HINT: When you file Chapter 13, you must submit a repayment plan that demonstrates that you can pay your mandatory debts, and perhaps repay all (or a portion) of your other debts, over a three- to five-year repayment period.

Are You an Employee or Independent Contractor?

Are you working in the construction industry or do you know someone who is? Well, there are new laws going into effect that will apply to individuals who provide “public or private sector commercial or residential building construction or improvement services.” The Minnesota Department of Labor and Industry will begin requiring independent contractor exemption certificates for work performed by individuals as of January 1, 2009. If you or someone you know falls into this category, read on.


LLCs — Who Needs 'Em?

As a real estate attorney, I have many clients who want to invest in rental property but don’t know what the first step is after they have decided which property to purchase. I typically will recommend that the client start an LLC (Limited Liability Company) to be the purchaser of the property or to transfer already purchased properties into the entity's name. 


Health Care Directives — Why the Big Fuss?

Health care directives allow us to express our wishes as to medical treatment in terminal-illness or injuries, and to appoint someone to speak on our behalf in the event we cannot speak for ourselves.


To Be Or Not To Be … (A Landlord, That Is)

Being a landlord can be a good investment, but it can become a headache if not dealt with correctly. Know what you can and cannot do, have a procedure in place, and know where you can go for answers. Once you have a few rentals under your belt, it will get easier.

All documents are provided in PDF format and require Adobe Reader for viewing.



Schmid Law Firm, LTD
P. O. Box 130 • Savage, MN 55378 • 952-226-1202 • FAX 952-233-1806
Serving the Twin Cities of Minneapolis and St. Paul, as well as South Metro Minnesota.

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