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Brian Koenig helps clients navigate the legal system to reach practical solutions using creative approaches. Brian has a wide-ranging practice, handling commercial bankruptcy, general litigation, and appellate matters nationwide on behalf of Fortune 500 companies, small businesses, and individuals. With the tenacity and strategic thinking to handle “bet-the-company” type cases, he aggressively pursues his clients’ interests, focusing on results, service, and value.

In his commercial bankruptcy and financially-distressed transactions practice, Brian counsels a variety of clients including creditors, debtors, bankruptcy trustees, creditor committees, and post-bankruptcy investors, to help them evaluate risks, minimize their exposure, maximize their recoveries, structure transactions, and cost-effectively resolve issues. His experience includes:

  • Identifying, negotiating, and implementing strategies for distressed companies and individuals both in and out of bankruptcy;
  • Counseling creditors, debtors, and investors in commercial transactions and foreclosures, including mortgage foreclosure proceedings, strict foreclosure actions, UCC sales, deed of trust sales, and purchases or sales of assets in bankruptcy pursuant to “363 sales”;
  • Litigating contested matters in state and federal courts, including actions under guaranties, replevin actions, avoidance actions, objections to discharge, dischargeability actions, preference claims, subordination claims, equitable recharacterization claims, plan confirmation objections, relief from stay motions, 503(b)(9) administrative expense claims, proof of claim allowance, fraudulent transfer claims, and other disputes under the Bankruptcy Code;
  • Formulating strategies to assist banks and companies dealing with financially-distressed and bankrupt customers to maximize their recoveries; and
  • Negotiating out-of-court workout and forbearance agreements.

In his general litigation practice, which is concentrated in commercial and business litigation that typically involves highly complex, technical contracts with large amounts at stake, Brian represents clients in a variety of litigation matters including:

  • Lender liability claims,
  • Replevin actions,
  • Lien and mortgage foreclosures,
  • Complex contract disputes,
  • Construction defect claims,
  • Lease disputes,
  • Class action suits, including the Telephone Consumer Protection Act,
  • Business interference claims,
  • State receiverships,
  • Negligence claims,
  • Product liability claims,
  • Wrongful death claims,
  • Personal injury claims,
  • Shareholder disputes,
  • Insurance coverage disputes,
  • National Vaccine Injury Compensation Program claims,
  • Wrongful termination of distributor claims,
  • Patent infringement claims,
  • Will and trust disputes, and
  • Breach of fiduciary duty claims.

In his appellate practice, Brian has argued cases before the Nebraska Supreme Court, the Eighth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, and the Bankruptcy Appellate Panel for the Eighth Circuit, in addition to participating on the briefs in cases before the Iowa Supreme Court. Prior to joining Koley Jessen, he served as a judicial law clerk to the Nebraska Supreme Court and as the editor-in-chief of Creighton Law Review.

Brian frequently speaks at webinars, seminars and CLE events, including the Nebraska Bankers Association’s lunch and learn webinar series. Brian also has written numerous articles that have been published in The Nebraska Lawyer, among other publications.

Experience

Experience

Bankruptcy & Financially-Distressed Transactions

  • Represented numerous creditors’ committees in complex bankruptcies
  • Recovered in excess of $7 million for creditor in a Delaware bankruptcy
  • Defeated numerous lender liability claims brought against banks in Iowa and Nebraska
  • Obtained $10.8 million judgment and appointment of receiver against national company
  • Represented businesses and individuals successfully in bankruptcy related litigation, including preference and fraudulent transfer actions and nondischargeability actions
  • Obtained complete dismissal of numerous preference claims in Delaware
  • Assisted franchisors and others in purchasing assets out of bankruptcy in “363 sales” in Texas and California
  • Won trials in bankruptcy court under both § 523 and § 727 of the Bankruptcy Code
  • Formulated and implemented strategies to minimize exposure of guarantors of failing businesses
  • Negotiated full payment plans for creditors in Chapter 11 and Chapter 12 bankruptcies
  • Obtained relief from bankruptcy stays for numerous creditors, including banks, insurance companies, individual creditors, and directors and officers of failed bank

General Litigation

  • Won bank $4.8 million judgment in a motion for summary judgment in dispute over debt
  • Obtained $540K for contractor in dispute with owner over insurance coverage
  • Helped obtain significant judgment in a claim under the National Vaccine Injury Compensation Program
  • Defeated numerous attempts to enforce liquidated damages clauses
  • Helped defeat class certification motion in nationwide telecommunications claim resulting in dismissal of class action lawsuit in which the alleged damages were over $4 million
  • Negotiated several multi-million dollar settlements for plaintiffs in trust and estate and contract disputes
  • Represented numerous professionals in claims involving license issues and disciplinary proceedings
  • Defended officers and directors alleged to have breached fiduciary duties
  • Won complete dismissal of complaint against officer that allegedly breached his fiduciary duty
  • Advised banks and other businesses regarding garnishment and lien issues

Appellate

  • Defeated appeal of judgment in the Eighth Circuit Court of Appeals on standing grounds
  • Defeated appeal of $5.4 million judgment in the Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals
  • Argued complex executory contract issue before Ninth Circuit Court of Appeals

News & Publications

Speaking Engagements

Honors & Affiliations

Community & Professional

Nebraska and Omaha Bar Associations
Logan-Magnolia High School, volunteer football coach
Christ Community Church, Governing Board Member
CityCare Counseling, Inc., Board of Directors
Nebraska Bankruptcy Court Mediation Committee

Education

J.D., Creighton University, 2007 (cum laude)

  • Editor-in-Chief, Creighton Law Review, 2006-2007

B.A., Simpson College, 2003

  • Political Science and History

Admissions

  • State of Iowa
    State of Nebraska
    U.S. District Court, District of Nebraska
    U.S. District Court, Northern District of Iowa
    U.S. District Court, Southern District of Iowa
    U.S. District Court, Central District of Illinois
    U.S. District Court, District of Colorado
    U.S. Court of Appeals, Eighth Circuit
    U.S. Court of Appeals, Ninth Circuit
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