Kristin Krueger

Experience

Bankruptcy & Creditors’ Rights

• Represented clients when a key customer or lessee files a large or mega-Chapter 11 bankruptcy, advising those clients on critical vendor designation, the assignment or assumption of their contract/lease, and identifying avenues for payment on pre-petition and post-petition debt
• Represented clients when facing liability in Section 547 preference actions, identifying applicable defenses and successfully negotiating efficient resolutions to such actions
• Represented Chapter 7 trustee in a “no-asset” case that achieved 100% distribution to all creditors
• Represented Chapter 7 trustee in bankruptcy involving several adversary proceedings relating to fraudulent transfer and lien avoidance issues, assisting in negotiating the global resolution of all adversary proceedings 
• Represented secured creditors in Chapter 7, 11 and 13 bankruptcies, successfully prosecuting many contested matters, including motions for relief from automatic stay and a motion for appointment of a Chapter 11 trustee, as well as obtaining the allowance of disputed claims
• Represented several official unsecured creditor committees in Chapter 11 bankruptcies, advocating for the rights of unsecured creditors in the contexts of plan confirmation and Section 363 sales, including negotiating a Chapter 11 plan that provided for full payment of unsecured creditors
• Represented secured creditor in Chapter 12 bankruptcy, securing sale of portion of debtors’ real property and obtaining plan commitment of 100% payment on remainder of debt
• Represented individual debtors with primarily business debts in Chapter 7, enabling such individuals to receive bankruptcy discharges
• Represented corporate debtor in Chapter 11, prosecuting numerous successful first-day motions that enabled debtor to successfully sell assets in a Section 363 sale, followed by a confirmed Chapter 11 liquidating plan 
• Represented plaintiffs/creditors in adversary proceedings challenging debtors’ discharges under Sections 523 and 727, including  a non-dischargeability judgment against an individual Chapter 11 debtor

Business & Commercial Litigation

• Successfully defended national agribusiness client in an over $1 million arbitration achieving a take-nothing judgment and recovering nearly $300,000 in counter-claims
• Represented multiple buyers in favorably resolving complex post-closing disputes arising from asset and stock purchase agreements
• Secured multi-million dollar settlement for client in a dispute arising from asset purchase agreement
• Represented companies in disputes regarding the termination of commercial agreements, achieving successful resolutions
• Represented client in connection with recovering hundreds of thousands of dollars as a result of a business email compromise scheme
• Obtained multi-million dollar claim allowances for clients in long-running bankruptcy litigation and securing dismissal of claims against clients, protecting numerous rulings before the Eighth Circuit Bankruptcy Appellate Panel and Eighth Circuit Court of Appeals
• Secured favorable settlement for a business facing commercial claims totaling almost $1 million, threatening the client’s business   
• Obtained summary judgment victory for an energy company in a real estate dispute, securing the client’s interest in real estate and enabling favorable monetary settlement
• Obtained complete dismissal of all claims against electronic payments provider in a lawsuit that sought class action certification
• Obtained complete dismissal of all warranty and breach of contract claims against national retailer  
• Secured favorable settlements for clients in complex contractual disputes, employment cases, and construction cases

Construction Litigation

• Secured nearly $1 million for general contractor via a jury verdict and partial summary judgment win following a week-long jury trial against national Band 1 Chambers ranked litigation firm involving alleged contractual breaches and defects at multimillion-dollar grain processing facility; subsequently increased the verdict and order with the recovery of attorney fees under the Nebraska Prompt Pay Act and contractual prejudgment interest
• Obtained judgment and damages for a general contractor in a construction dispute at trial and upheld judgment before the Nebraska Supreme Court, in a first-of-its-kind win in Nebraska 
• Secured favorable settlement on behalf of an owner in a multi-million dollar construction lien dispute
• Assisted general contractor with navigating supplier's Chapter 11 bankruptcy 
• Assisted general contractors with navigating subcontractor and supplier Chapter 7 and 11 bankruptcies
• Counseled general contractor with respect to successful termination of subcontractor agreements

Health Care Matters

• Obtained judicial reversal of administrative agency ruling that threatened health care client’s business
• Successfully appealed administrative agency action, obtaining an agency reversal that allowed health care client to continue in their profession
• Represented national health care client in regulatory enforcement proceeding, achieving a result that avoided disruption to client’s ability to provide health care services

Honors & Awards

Community & Professional