Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Supporting documents.
A creditor owed a debt not subject to the Farmer-Lender
Mediation Act under Minnesota Statutes, section
583.26,
subdivision 4, paragraph (f), must return a claim form specifying why the debt
is not subject to the Farmer-Lender Mediation Act to the statewide program
office and attach the documents indicated for the debts listed in items A to
E.
A. for a debt that has been in
bankruptcy under Minnesota Statutes, section
583.24, subdivision
4, paragraph (a), clause (1), either a copy of the proof of claim form filed in
bankruptcy, a copy of the bankruptcy petition in which the debt is listed as a
scheduled debt, or a notice of petition for bankruptcy in which the debt is
listed as a scheduled debt;
B. for
a debt in default and mediated under Minnesota Statutes, section
583.24, subdivision
4, paragraph (a), clause (2):
(1) an
affidavit stating that the debt was in default when the creditor received a
mediation proceeding notice under the Farmer-Lender Mediation Act, and that a
claim form was filed, the debt was mediated during the mediation period, and
(i) the mediation was unresolved; or (ii) a mediation agreement with respect to
that debt was signed;
(2) a copy of
the mediation proceeding notice;
(3) a copy of the creditor's claim form;
and
(4) a copy of the Memorandum of
Agreement (Form 8) or Mediation Conclusion With No Agreement (Form 12), or
other evidence that the debt was mediated during the mediation
period;
C. for a debt,
if the debtor did not request mediation and the creditor proceeded to enforce
the debt under Minnesota Statutes, section
583.24, subdivision
4, paragraph (a), clause (3):
(1) a copy of
the mediation notice;
(2) a copy of
Extension Notice of Debtor(s) Failure to Request Mediation (Form 3);
and
(3) an affidavit stating that
the creditor began a proceeding to enforce the debt within 45 days after the
debtor failed to make a timely request;
D. for a debt that is not subject to
mediation under Minnesota Statutes, section
583.24, subdivision
4, paragraph (a), clause (5), because there is a lien under Minnesota Statutes,
section
514.661
or 559.2091, a copy of the lien statement under Minnesota Statutes, section
514.661
or 559.2091, indicating that the filing officer has received and filed the lien
statement; and
E. for a debt
restructured in mediation under Minnesota Statutes, section
583.24, subdivision
4, paragraph (a), clause (4):
(1) a copy of
the Mediation Proceeding Notice; and
(2) a copy of the signed agreement reached in
mediation that is a separate agreement between the debtor and the creditor with
respect to that debt. The agreement may be an attachment to the Memorandum of
Agreement (Form 8).
Subp.
2.
Notification of debt not subject to mediation.
If a creditor returns a claim form with the documents required
under subpart
1, items A to E, the
statewide program office shall determine from the documents whether the debt is
subject to the Farmer-Lender Mediation Act. The statewide program office shall
notify the debtor, creditor, and mediator of the determination.
