Practice Group | Bassford Remele

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

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 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.).

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 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, obtaining 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).

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, 860 N.W.2d 638 (Minn. 2015).

Comments from clients and the legal community:

Jeff Klobucar at Bassford Remele is one of the best and most professional lawyers I've worked with in my twenty-six years of practice. Even as opposing counsel, his integrity was beyond reproach. (Senior Counsel)

Jeffrey Klobucar and Cameron Lallier of Bassford Remele have both provided thoughtful, detailed legal advice and guidance on an extremely complex Chapter 11 Subchapter V bankruptcy matter. They are very responsive, knowledgeable, and well-connected with other attorneys that represent debtors and creditors, respectively, which leads to prompt communications and negotiated agreements when required by the bankruptcy court. In my opinion, the most valuable aspect of working with Jeff and Cam is that they provide realistic legal advice; instead of merely parroting the language of a statute or case and applying it to a fact pattern, they add their perspective on how a judge may approach the issue based on their experience appearing in front of that judge, and they identify the most likely outcome to allow for informed decisions to be made. Jeff and his colleague Dan Olson also assisted with a complex secured creditor's rights litigation matter, and in that matter, their perspective on the Judge and identification of the most likely outcome was instrumental in achieving a victory.

Our company has worked with several attorneys at Bassford Remele over many years. To a person the attorneys are responsive, skilled, and above all, practically-minded. They strive to understand business goals and mold their approach to clients' needs. I couldn't recommend them higher. (General Counsel)

Our company has been working with Jeff Klobucar at Bassford Remele for just over a year and have been pleased with his level of expertise in debt collection, contract law and general business advice. Jeff is quick to understand our situation and advise us in a way that aligns with our company's mission, goals and values. I would recommend Jeff to anyone looking for a good, honest and hardworking attorney.

Worked with Jeffrey D. Klobucar on a fairly complicated issue and found him to be effective, strategic and pleasant work with throughout the process.

These comments were collected as part of the U.S. News - Best Lawyers® "Best Law Firms" research process.

Meet the Team

Jeffrey Klobucar is a commercial litigator having experience in all aspects of complex litigation in both state and federal court matters, with a particular focus on...