Overview

Kristin Krueger counsels and advocates for clients in the event of a dispute, working with each client to find and execute on a path forward toward a successful outcome. Whether handling a complex post-closing dispute arising out of an M&A transaction, advocating for a key player on a construction project, or counseling a health care client through a regulatory enforcement matter, Kristin works with each client to design a plan to meet their objectives. A key component of Kristin’s practice is counseling clients in the event of financial distress and uncertainty. She specializes in advocating for clients in the commercial bankruptcy setting to maximize their rights and minimize their losses.

Kristin has worked with a variety of clients in bankruptcy and creditors’ rights matters, representing the interests of debtors, secured creditors, unsecured creditors, bankruptcy trustees, and creditor committees. Her experience includes representing clients inside and outside of bankruptcy, navigating businesses and individuals through financial distress, negotiating out-of- court workout agreements, and enforcing client rights and remedies, including in foreclosures, deed of trust sales, and UCC sales.

Kristin’s business and commercial litigation practice regularly involves complex contractual litigation and construction disputes. She has substantial experience litigating cases in various state and federal courts and in arbitration. Kristin has significant appellate experience, successfully arguing cases before the Nebraska Supreme Court, Eighth Circuit Bankruptcy Appellate Panel, and the Eighth Circuit Court of Appeals.

Kristin also has experience partnering with the professionals in Koley Jessen’s Health Law practice area to advise and advocate for health care clients when they face regulatory investigations and enforcement actions, achieving successful outcomes, including judicial and administrative reversals of agency action.

Kristin serves as Koley Jessen’s General Counsel. In that role, she counsels her colleagues with respect to the Rules of Professional Responsibility and risk management issues.

Experience

Representative Matters

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

Insights & Events

Speaking Engagements

Honors & Affiliations

Honors & Awards

The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2020-2025
Omaha Magazine Top Lawyers of Omaha, Bankruptcy & Creditor Debtor Rights Law, 2021

Community & Professional

Humanities Nebraska Council, Board Member
Business Ethics Alliance, Board of Trustees (2022 - Present)
International Women’s Insolvency & Restructuring Confederation, Midwest Network
American Bankruptcy Institute
Nebraska and Omaha Bar Associations

Education

J.D., University of Nebraska College of Law (with high distinction)

  • Executive Editor, Nebraska Law Review
  • National Moot Court Team
  • Order of the Coif
  • Order of the Barristers

B.S., University of Nebraska at Kearney (summa cum laude)

  • Organizational Communication, Political Science

Admissions

  • State of Nebraska
    U.S. District Court, District of Nebraska

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