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).