Practice Groups

Bankruptcy/Creditors’ Remedies

Our bankruptcy and creditors’ remedies practice provides an invaluable service to our commercial clients—financial institutions, corporate entities, receivers, and bankruptcy trustees, among many others. Bankruptcy and insolvency issues are complicated and involve high levels of uncertainty that require experience to navigate. We routinely represent clients in commercial collection, bankruptcy, and insolvency-related disputes, including representation of clients’ interests as both secured and unsecured creditors in bankruptcy cases, as well as litigation regarding defaulted commercial loans and personal guaranties, commercial landlord/tenant disputes, lien foreclosures, and fraudulent transfers—whether before, during, or after a bankruptcy proceeding, to name a few.

Whatever the issue, because of the risks involved in an insolvency situation, our first step is to advise our clients on how to most efficiently and effectively resolve their case, whether through rigorous settlement negotiations or heading to court. Whichever direction, our experience provides the know-how necessary to guide our clients, both inside and outside the courtroom, to the outcomes they want and expect when faced with difficult bankruptcy or insolvency–related circumstances.

Representative Cases

Appointed as counsel for the Official Committee of Unsecured Creditors. In re: Millerbernd Systems, Inc., Bky. No. 18-41286 (Bankr. D. Minn.). 

Currently representing an insurer 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.); Diocese of Duluth v. Liberty Mut. Ins. Co., No. 17-CV-03254 (D. Minn.).

Currently representing owner/landlord of commercial real property leased to a debtor in a corporate chapter 7 proceeding. In re: RF Beardsley Services, LLCBky. No. 18-41667 (Bankr. D. Minn.).

Currently 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.).

Currently representing an advertising service creditor in a big-box retail bankruptcy proceeding. In re: Gander Mountain Co., No. 17-30673 (Bankr. D. Minn.).

Currently 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.).

Currently 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, obtaining a favorable settlement in an adversary proceeding against multiple parties. DataWave Int’l, LLC v. Bluesource, Inc., Adv. No. 13-3158 (Bankr. D. Minn. 2017).

Represented a Minnesota mortgage origination company in litigation regarding a contract dispute with the liquidating trustee. Residential Funding Co., LLC v. Rescue Mortg., Inc., No. 14-CV-1740 (D. Minn. 2016).

Represented a secured creditor, obtaining a determination of non-dischargeability in an action against a debtor. Venture Group Enters., Inc. v. Shatto, Adv. No. 1-15-00063-CJF (Bankr. W.D. Wis. 2016).

Represented a judgment creditor, obtaining a determination of non-dischargeability in an action against a debtor. Ludwig v. Graw, Adv. No. 14-4245 (Bankr. D. Minn. 2015).

Represented a creditor, obtaining a stipulated determination of non-dischargeability in an action against a debtor. Campbell v. Kittelsen, Adv. No. 15-3011 (Bankr. D. Minn. 2015).

Defended a bank, obtaining a decision affirming the court of appeals' reversal of summary judgment for the plaintiff and directing that summary judgment be entered instead for our client in a case of first impression under Minnesota's Uniform Fraudulent Transfer Act. Finn v. Alliance Bank, 860 N.W.2d 638 (Minn. 2015).