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Bankruptcy/Creditors' Remedies, Class Action/Multidistrict Litigation, Commercial Litigation
Credit and Collection, Financial Services
Mr. Klobucar is a commercial litigator having experience in all aspects of complex litigation in both state and federal court matters.
Mr. Klobucar regularly represents creditor committees and commercial creditors in bankruptcy cases, as well as representing creditors in other federal and state court litigation and appellate matters. He routinely handles cases involving the enforcement of contract rights, including security agreements and commercial leases involving both real estate and personal property. He also pursues commercial post-judgment collection matters, including enforcement of judgment liens and guaranties, commercial garnishment actions, and determinations of non-dischargeability in bankruptcy court. Mr. Klobucar is a commercial litigator dedicated to protecting the rights of commercial creditors in bankruptcy and other federal and state court matters. Additionally, he has significant class-action and multi-district litigation experience.
Mr. Klobucar is a graduate of the University of St. Thomas School of Law, where he served as an adjunct professor for five years.
Currently a member of the co-lead counsel team for the Minnesota individual plaintiffs in the Syngenta Litigation – a multi-jurisdictional complex litigation involving more than 68,000 claims in Minnesota state court, as well as numerous claims venued in the U.S. District Courts for the Districts of Kansas and Illinois. See In re: Syngenta Litigation, 27-CV-15-3785 (Minn. Dist. Ct. 2015) (venued in Hennepin County, Minnesota); In re: Syngenta AG MIR 162 Corn Litigation, 2:14-md-02591-JWL-JPO (D. Kan.). All the Syngenta cases were recently resolved as part of a preliminarily-approved global settlement class resulting in a settlement amount of $1.5 billion. Mr. Klobucar is also part of the Minnesota leadership auditing committee with respect to fee applications to the court as part of the Syngenta settlement approval process.
Currently serving as liaison counsel for the plaintiffs in the high-profile NHL Concussion Litigation, a Multi-District Litigation currently venued in the U.S. District Court for the District of Minnesota. Plaintiffs have raised individual and class claims on behalf of a putative class of 5,000 retired NHL players, alleging harm in the form of an increased risk of long-term neurocognitive diseases and disorders resulting from the league's failure to warn players of the risk of repeated head trauma.
Represented the Official Committee of Unsecured Creditors. In re: Millerbernd Systems, Inc., Bky. No. 18-41286 (Bankr. D. Minn.). Currently representing the Liquidating Trustee installed as a result of the confirmed chapter 11 plan.
Represented multiple consignment creditors in a jointly-administered retail distribution chapter 11 bankruptcy case involving seven separate distribution entities across the U.S. and Canada. In re: WYNIT Distribution, LLC, Bky. No. 17-42726 (Bankr. D. Minn.).
Represented insurers in bankruptcy proceedings and related coverage adversary proceedings filed by various diocesan corporations in Minnesota. In re: Archdiocese of St. Paul and Minneapolis, Bky. No. 15-30125 (Bankr. D. Minn.); In re: Diocese of Duluth, Bky. No. 15-50792 (Bankr. D. Minn.); In re: The Diocese of New Ulm, Bky. No. 17-30601 (Bankr. D. Minn.).
Representing a national software and computer equipment lessor in a big-box retail bankruptcy proceeding. In re: Gander Mountain Co., No. 17-30673 (Bankr. D. Minn.).
Representing an advertising service creditor in a big-box retail bankruptcy proceeding. In re: Gander Mountain Co., No. 17-30673 (Bankr. D. Minn.).
Representing an owner/landlord of commercial real property leased to a debtor in a big-box retail bankruptcy proceeding. In re: Gander Mountain Co., No. 17-30673 (Bankr. D. Minn.).
Representing a secured creditor in a Chapter 11 bankruptcy proceeding related to the reorganization of an asphalt company. In re: Midwest Asphalt Corp., Bky No. 17-40075 (Bankr. D. Minn.).
Represented an owner/landlord of commercial real property leased to a debtor in a corporate Chapter 7 proceeding. In re: Speec, Inc., Bky. No. 16-32822 (Bankr. D. Minn. 2017).
Represented a Chapter 7 trustee and affiliated intellectual property purchaser and obtained a favorable settlement in an adversary proceeding against multiple parties. DataWave Int’l, LLC, et al. v. Bluesource, Inc., et al., Adv. No. 13-3158 (Bankr. D. Minn. 2017).
Part of team that represented a Minnesota mortgage origination company in litigation regarding a contract dispute with the liquidating trustee. Residential Funding Co., LLC v. Rescue Mortg., Inc., Case No. 14-CV-1740 (D. Minn. 2016).
Represented a secured creditor and obtained a determination of non-dischargeability in an action against a debtor based on claims for fraud. Venture Group Enters., Inc. v. Shatto, Adv. No. 1-15-00063-CJF (Bankr. W.D. Wis. 2016).
Represented large national bank in federal litigation regarding defense of mortgage foreclosure, obtaining summary judgment.
Represented a judgment creditor and obtained a determination of non-dischargeability in an action against a debtor related to claims for intentional tortious conduct. Ludwig v. Graw, Adv. No. 14-4245 (Bankr. D. Minn. 2015).
Represented a creditor and obtained a stipulated determination of non-dischargeability in an action against a debtor for claims of fraud. Campbell v. Kittelsen, Adv. No. 15-3011 (Bankr. D. Minn. 2015).
Represented large national lender in dual related litigation matters regarding mortgage foreclosure, obtaining summary judgment and dismissal of all adverse claims. Fannie Mae v. Mondragon, 2014 U.S. Dist. LEXIS 4541 (D. Minn. 2014); Mondragon v. Fannie Mae, 2014 U.S. Dist. LEXIS 4537 (D. Minn. 2014).
Served on the law and briefing committee as part of the leadership team in the Imprelis Herbicide Liability Litigation, venued in the Eastern District of Pennsylvania, in which Plaintiffs obtained a multi-million dollar settlement on behalf of a nation-wide class. See In re: Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, 2:11-md-02284-GEKP (E.D. Pa. 2012).
Represented commercial trucking company in contract litigation, obtaining trial verdict in favor of client for the full measure of damages permitted under the contract. Admiral Merchants Motor Freight v. Wis. Dispatch, Inc., No. 27-CV-11-14173, 2012 LEXIS 197 (D. Minn. 2012).
Part of team who represented commercial equipment lender, obtaining dismissal of claims on its behalf and successfully defending dismissal at Minnesota Court of Appeals. Illisaca v. Idrovo, 2011 Minn. App. Unpub LEXIS 728, (Minn. Ct. App. 2011).
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Honors & Awards