If a debtor is a single-member LLC that is treated as a disregarded entity for tax purposes, does the debtor need to file a tax return to comply with 11 U.S.C. § 521(j). If the debtor hires an accountant to prepare and file a tax return for the debtor’s single-member owner due to the debtor’s disregarded entity status, can the bankruptcy estate compensate the accountant?
Steve’s practice assists businesses, commercial lenders and individuals in the areas of corporate restructuring, creditors’ remedies, bankruptcy, commercial litigation and related matters, including reorganizing or liquidating either under the Bankruptcy Code or in or out of court workouts and liquidations.
In the bankruptcy context, Steve has represented corporations, small businesses, individuals, and a chapter 11 trustee on the debtor-side in a number of cases. In addition, Steve has also represented creditors, contract or lease counterparties, parties sued to recover preference and fraudulent transfers and potential asset purchasers in bankruptcy cases. Aside from providing bankruptcy-related services, Steve also has experience with assisting clients with other debtor/creditor matters, such as negotiating with creditors outside of court, commencing or participating in receiverships and representing clients in state and federal litigation relating to debt obligations. Steve clerked in the United States Bankruptcy Court of Minnesota prior to joining Fredrikson & Byron.
- Currently represents a Catholic Diocese in a Chapter 11 case.
- Represented the sole shareholder of a Chapter 7 debtor in a successful claim objection in North Dakota, resulting in the disallowance of a $10.8 million claim after a week-long trial.
- Represented a large retail business in a Chapter 11 case, including DIP financing, asset sales, and plan confirmation.
- Represented an individual farming operation through a Chapter 12 case and eventual workout with secured lender.
- Represented a community bank through litigation concerning agricultural loans and related collateral.
- Represented a printed circuit board manufacturer in a Chapter 11 case involving section 363 sales of two operating divisions to separate buyers, as well as a confirmed plan of liquidation.
- Represented a Chapter 11 Trustee appointed for an asphalt sealant manufacturer.
- Represented a non-profit theater company in successful workout with creditors and landlord.
- Represented a buyer of a Texas business through a 363 sale process in bankruptcy court in Texas.
- Represented human trafficking victims in federal court litigation on trafficking claims and in bankruptcy court litigation regarding payment of claims, resulting in a negotiated settlement.
- Regularly represents parties sued to recover preference and fraudulent transfers across the country.
Articles & Presentations
February 25, 2021
As financial distress grows due to the pandemic, charitable organizations are faced with two immovable forces–increased demand from hard hit communities and decreased funding due to both the economic hardships facing many donors and the cancellation of most live fundraising events.
CARES Act Increases The Limits For Small Business Bankruptcy Cases, But How Does A Small Business Bankruptcy Case Work?
April 22, 2020
It has been widely reported that the CARES Act increased the debt limit for small business bankruptcy cases under Subchapter V of Chapter 11, but how do small business bankruptcy cases differ from normal Chapter 11 cases and what are the benefits for small businesses?
March 30, 2020
Executives and their companies facing a financial storm brought on by the pandemic can find themselves in an overwhelming spot. Fredrikson attorneys provide a next-steps checklist and wealth of resources to help weather the storm.
August 28, 2019
Congress recently passed the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019, intended to make the Chapter 12 and Chapter 11 processes more accessible to family farming operations and small business debtors, respectively.
June 3, 2019
The national and local publications have been full of articles recently on the emerging agricultural crisis confronting producers. Now might be a good time for lenders to brush up on the most significant laws affecting their loan remedies in the event it becomes necessary to seek enforcement of their loans.
February 19, 2019
This article provides a brief examination of the changes in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure that went into effect on December 1, 2018, and how those changes may impact the bankruptcy practice.
July 26, 2018
Payments made to creditors in the 90-days before a bankruptcy filing can be subject to recovery as “preference claims.”
January 10, 2018
In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing.
October 3, 2017
The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Cash Flow Conversations Require Cocktails,” Minnesota Chapter of the Turnaround Management Association, August 27, 2020
- Co-Presenter, “The Minnesota Catholic Chapter 11 Cases and Other Recent Developments,” National Diocesan Attorneys Association, August 20, 2020
- Author, “Financing Farming During Hard Times,” Prairie Business, May 2, 2019
- Presenter, “Surprise!: Ways in Which the Automatic Stay or Discharge Injunction Can Sneak Up On You,” Business Bankruptcy Brunch, ABA Business Law Section Spring Meeting, April 2017
- Presenter, “Defending Claims Brought Back From the Dead: Bankruptcy Preference Claims,” Hennepin County Bar Association, February 2017
- Presenter, “When Cases Collide: Issues Arising When Chapter 11 Business and Individual Owners Both Seek Bankruptcy Protection,” Meeting of Small Business Subcommittee of the ABA Business Bankruptcy Committee, National Conference of Bankruptcy Judges, September 2016
- Author, “A Lease in Name Only: Manalapan’s Assignment of Leases under § 363,” an American Bankruptcy Institute online publication for the Real Estate Committee
- Co-author, “Chapter 11 in Minnesota,” Bankruptcy Practice in Minnesota, a Minnesota Continuing Legal Education Publication
- Co-author, “Reaffirmation Agreements: Basics and Current Developments,” a Minnesota Continuing Legal Education Publication
- Presenter, “Mock Hearings – Examples of What to Do and Not to Do in Trial,” MSBA Minnesota Bankruptcy Institute, 2014
- Co-author, “Liquidating Plans, Chapter 7, Structured Dismissal: What to Do Next in Chapter 11 Cases,” MSBA Minnesota Bankruptcy Institute, 2014
- Co-author, “Individual Chapter 11: A How-To,” MSBA Section Meeting Presentation
Honors & Education
- University of Minnesota Law School, J.D., 2011, magna cum laude
- University of St. Thomas, B.A., 2008, magna cum laude
- Minnesota, 2011
- North Dakota, 2021
- U.S. District and Bankruptcy Courts for the District of Minnesota, 2014
- Minnesota Super Lawyers, Rising Star – Bankruptcy: Business, 2017-present
- Turnaround Management Association – Minnesota Chapter, Transaction of the Year, 2018
- Turnaround Management Association – Minnesota Chapter, Transaction of the Year, 2016
- Minnesota State Bar Association, North Star Lawyer, 2015-2016, 2018-2019
- Global Pro Bono Dispute of the Year, American Lawyer, 2015
- Minnesota Lawyer of the Year, Minnesota Lawyer, 2015
- Minnesota Journal of International Law, Executive Editor, 2010-2011
- Finalist, National Conrad B. Duberstein Bankruptcy Moot Court Competition, 2010
- Bankruptcy Clinic Director, University of Minnesota Law School, 2010-2011
- Vice Chair, Litigation Subcommittee, Business Bankruptcy Section, American Bar Association
- Member, American Bar Association
- Member, Minnesota State Bar Association
- Member, Hennepin County Bar Association
- Member, American Bankruptcy Institute
- Member, Turnaround Management Association
- Clerk, Chief Judge Kathleen H. Sanberg, United States Bankruptcy Court of Minnesota, 2012-2014
- Judicial Externship, Judge Kathryn Messerich, 2009