Minnesota Administrative Rules

1502.0026 CREDITOR NOT ATTENDING MEDIATION MEETING.

Subpart 1.

Initiating creditor.

The initiating creditor shall not file a proof of claim form in lieu of attending meetings.

Subp. 2.

Good faith.

Creditors who file claim forms are bound by the good faith requirements of the Farmer-Lender Mediation Act.

Subp. 3.

Written objection.

To object to the provisions of a mediation agreement, a creditor who files a claim form in lieu of attending mediation meetings shall serve a written objection to the terms of the agreement on the mediator and the debtor within ten days after receiving the mediation agreement. The written objection must identify the particular items in the agreement that are unacceptable and state the specific reason for rejection of each item.

Subp. 4.

New mediation.

Upon receiving the objection, the mediator shall meet again with the debtor and creditors to mediate a new agreement. Mediation meetings must take place within ten days of the receipt of the written objections to the terms of the agreement.

Subp. 5.

Required attendance.

A creditor who files an objection shall attend and participate in any meeting held under subpart 4, unless the mediator determines there is a good reason why the creditor is unable to attend.

Statutory Authority:

MS s 583.285

History:

14 SR 1418

Published Electronically:

May 10, 2004