I am Post Decree:
In Minnesota do courts take the binding mediation agreement seriously? If a second mediation was agreed-upon signed with a date, but the opposing council and petitioner fails to cooperate and fast tracks to trial with two attempts to return to mediation. Is that a breach of agreement? If the court adopted the mediation while it was breached can this be appealed? Tenth district .
Asset division is severely lopsided. Petitioner hid assets concealed requested the list twice and it was ignored. What steps can be taken thank you.
Robert’s answer: It is difficult to advise you without knowing exactly what happened. It seems there was an agreement after mediation. You claim the other party agreed to further mediation, but failed to do so. The judge signed the agreement. I don't believe you can successfully appeal unless you properly objected to the agreement. Did you object or otherwise inform the court you didn't agree? I suggest paying an attorney to evaluate your situation. I bet there's a provision holding you responsible for the other party’s attorney's fees if you are unsuccessful. My best to you and your family. Rob Kane Minnesota Family Law Attorney.
Can I reinstate a dissolved Minnesota corporation I never owned or ran?:
Minnesota administratively dissolves corporations that miss their annual renewals. Under Minn. Stat. §302A.821 subd. 4(c), filing the current renewal (+$25) reinstates the corporation and relates back to the dissolution date, so the original formation date is preserved.
Public SoS records list many long-dissolved MN corporations whose registered agent is now vacant and whose original owners appear to have walked away years ago. I was never an officer, director, shareholder, or agent of the one I'm considering.
If I file that reinstatement:
1. Is the filing lawful and valid, or void/voidable for lack of authority to act for the corporation? The statute and SoS portal appear silent on who may sign.
2. If a former owner later objects, who has standing to challenge it, and what is my civil/criminal exposure?
3. Does the relation-back also restore pre-dissolution liabilities (debts, judgments, tax) to whoever now controls the entity?
My aim is a lawful way to hold an entity with a decades-old formation date. If this path isn't lawful, what is former-owner consent/assignment, or a properly-held shelf corp?
Robert’s answer: You lack of authority (corporate) to reinstate the corporation is problematic. It could be easily challenged even if the SOS accepts your filings. An attorney would want to know why you want to do this to properly advise you. My best to you and your endeavors. Rob Kane Minnesota Small Business Attorney.
Attorney accountability: What's to prevent attorneys from just trying to eat up the retainer even if the work is not warranted? Seems like there is a lack of checks & balances to keep the attorney accountable. That's why working with one that does contingency is more appealing but there seems to be a lack of that in reality. Very daunting and depressing for the average person making a fraction of what attorneys make but who may have a good case.
Robert’s answer: Your concerns are legitimate, but difficult to address. Especially, in a free online forum. It's difficult to provide a concrete response. I cannot speak for other attorneys, and I cannot verify or justify their billing practices. Lawyers provide a service like countless other occupations. I have your same concerns whenever I hire a plumber, electrician, mechanic or someone to mow my lawn. I am usually satisfied with the services provided and occasionally quite happy. I have never had one finish the job under what they quoted me, and usually there are add-ons. I can tell you that my billing details are more specifically stated for my clients than anything I have received from the aforementioned services. It really comes down to the individual lawyer, plumber, electrician, mechanic or lawn care provider. Very few situations are enticing enough for an attorney to take contingency basis or even possible because of the nature of the situation. My best to you. Rob Kane Orange County Attorney.