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Clinton E. Cutler
Shareholder
Email: ccutler@fredlaw.com
Office: 612.492.7070
Assistant: Sherrie Timm, 612.492.7802

“I most enjoy the deep and trusting relationship I develop with clients in guiding them through a successful turnaround of their business.”
Overview
Clint specializes in representing companies reorganizing or liquidating under the Bankruptcy Code or in or out of court workouts and liquidations. Clint is certified as a Business Bankruptcy Specialist by the American Board of Certification.
Clint is a shareholder and former Chair of Fredrikson & Byron’s Bankruptcy, Restructuring & Workouts Group, practicing in the areas of debtor/creditor law, bankruptcy and complex commercial litigation. Clint has represented clients nationwide in bankruptcy and other proceedings. Clint also represents debtors and creditors in all aspects of state law proceedings of debtor creditor law such as garnishment, attachment, receiverships, assignments for benefit of creditors, foreclosures, and claim and delivery. He works with banks and other lenders on UCC issues and lender liability matters.
Experience
REPRESENTATIVE EXPERIENCE
- Lead counsel for debtor Gander Mountain Company, a leading outdoor retailer with 162 stores in 27 states, with sales in excess of $1.3 billion, in connection with its Chapter 11 bankruptcy case and related section 363 sale and wind down transactions. Transaction size was approximately $450 million.
- Lead bankruptcy counsel representing strategic stalking horse buyer in approximately $23 million purchase of RC-controlled hobby supply and retail business in section 363 sale transaction.
- Lead attorney representing home health care provider with annual revenues of $156 million through Chapter 11 reorganization.
- Lead counsel for debtor-owner of ethanol production facility in Chapter 11 liquidation proceedings.
- Advised owners of 25,000 acre farm operation and related businesses in workout and restructuring of $80 million secured lending facility.
- Advised business owner of 21 unit car dealership, leisure rental car company and related businesses, involving over $500 million in secured debt.
- Lead counsel in connection with wind down and liquidation of non-profit college.
- Represented third generation, family-owned $50 million business in section 363 sale.
- Represented $100 million manufacturing company in reorganization under Chapter 11.
- Represented $75 million manufacturing enterprise in section 363 sale and liquidation.
- Represented strategic or financial buyers and bidders for acquisitions of $10 million to $500 million.
- Representative industries:
- Healthcare Services
- Financial Services
- Retail
- Manufacturing
- Transportation
- Agri-business
- Computer software development
- Real Estate
- Senior Housing/assisted living/skilled nursing facilities
- Non-profits
Articles & Presentations
Five Tips to Remember When Negotiating with Ag Lenders
February 19, 2019
We are currently in or entering a new bust cycle in production agriculture. While producers have generally managed to continue operating, bankruptcy filings and farm foreclosures are on the rise and prior fixes may no longer be available. Dealing with lenders can be a challenge in these circumstances, and it is important for professionals advising producers to follow a few simple rules to effectively negotiate with their clients’ lenders.
Read MoreMay a Debtor Discharge Tax Debt for Late Filed Tax Returns?
July 26, 2018
In the 8th Circuit, income tax debt owed under late filed tax returns could, under certain circumstances, be discharged by individual debtors in their bankruptcy cases.
Read MorePUBLICATIONS & PRESENTATIONS
- "How to Fix a Troubled Farm Loan,” featured in article, Successful Farming, February 20, 2019
- “Time to consider other options for farm bankruptcies,” author, Star Tribune, December 24, 2018
- “Retail Restructuring and Liquidation,” co-presenter, American Bankruptcy Institute’s 25th Annual Central States Workshop
- “Anatomy of a Retail Bankruptcy,” co-presenter, Hennepin County Debtor Creditor Committee and Minnesota Chapter of the Turnaround Management Association
- “Selected Consumer Topics,” moderator with panelists Henry Sommer and Hon. Dennis R. Dow, The 2018 Nancy C. Dreher Lecture on Bankruptcy Law and Practice, sponsored by the American College of Bankruptcy and the Corporate Institute at the University of Minnesota Law School
- “Chapter 11—Reorganization,” co-author, Bankruptcy Practice In Minnesota Deskbook, a Continuing Legal Education publication
- “Foreclosure and Repossession in Minnesota,” co-author, a Continuing Legal Education publication
- “Loan Workout and Collateral Liquidation in Minnesota,” co-author, a Continuing Legal Education publication
- “Selected Topics on Lender Liability for Mortgage Lenders,” co-author, a Minnesota Institute of Legal Education Publication
- Frequent lecturer on debtor/creditor issues to trade groups, attorneys and other insolvency professionals
Honors & Education
EDUCATION
- Syracuse University College of Law, J.D., 1984, magna cum laude
- Iowa State University, B.S., 1981, summa cum laude
BAR ADMISSIONS
- Minnesota, 1984
- U.S. District and Bankruptcy Court for the District of Minnesota, 1984
- U.S. Court of Appeals, Eighth Circuit, 1985
HONORS
- Transaction of the Year, 2018, Turnaround Management Association – Minnesota Chapter
- Best Lawyers’ “Lawyer of the Year” in Minneapolis Litigation - Bankruptcy, 2015, 2019
- Best Lawyers’ “Lawyer of the Year” in Minneapolis Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2013, 2018
- The Best Lawyers in America, Litigation-Bankruptcy; Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2013-present
- Fellow, American College of Bankruptcy
- Certified Business Bankruptcy Specialist, American Bankruptcy Board of Certification
- Minnesota Super Lawyers, Super Lawyer-Bankruptcy: Business
- Minnesota Super Lawyers, “Top 10 Super Lawyer”
- Minnesota State Bar Association, North Star Lawyer, 2012-2017
- Judge Nancy C. Dreher Pro Bono Distinguished Service Award, 2013
- Raeder Larson Public Service Award, 2010
- Distinguished Service Award, Hennepin County Bar Association, 2000
- Syracuse Law Review, Executive Editor, 1983-84
- Order of the Coif


Professional Activities
PROFESSIONAL ACTIVITIES
- American Bar Association
- Former Board member, Turnaround Management Association, Upper Midwest Chapter
- Member, American Bankruptcy Institute
- Past Chair, Minnesota State Bar Association, Bankruptcy Section
- Hennepin County Bar Association, Debtor/Creditor Committee
- Volunteer Attorney for Hennepin County Legal Advice Clinics, Inc., 1984-present
- Volunteer Attorney, Stand Down project for veterans, VA Medical Clinic
- Associate Adjunct Professor of Law, Bankruptcy Clinic, University of Minnesota Law School, 2005- present
- Co-Instructor, International Bankruptcy, University of Minnesota Law School, Spring Term 2017
- Fredrikson & Byron, P.A., Board of Directors, Executive Vice President, member of the firm Executive Committee
- Member, American College of Bankruptcy Foundation Pro Bono Committee
Certifications
- Certified Business Bankruptcy Specialist, American Bankruptcy Board of Certification