Steven R. Kinsella

Steve’s practice assists businesses, commercial lenders and individuals in the areas of corporate restructuring, creditors’ remedies, bankruptcy, commercial litigation and related matters.

Steve regularly represents corporations, small businesses, and individuals as debtor’s counsel under the various chapters of the Bankruptcy Code. In addition, Steve also represents creditors, contract or lease counterparties, equity holders, parties sued to recover preference and fraudulent transfers and potential asset purchasers in bankruptcy cases throughout the country. Aside from providing bankruptcy-related services, Steve assists clients with other debtor/creditor matters, such as negotiating out-of-court workouts, commencing or participating in receiverships and advising on lien and other Article 9 issues. Steve also represents clients in state and federal litigation. Steve clerked in the U.S. Bankruptcy Court of Minnesota prior to joining Fredrikson.

Debtor’s Counsel Experience

• Represented a North Dakota transportation company in the oilfield industry through a Chapter 11 case, negotiating and confirming a plan of reorganization that paid all creditors in full and included a third-party injunction during plan term.
• Represented a Minnesota non-profit in a Subchapter V case, negotiating and confirming a plan of reorganization.
• Represented a Minnesota non-profit in a Chapter 11 case, involving the sale of restricted housing properties and resulting in a confirmed liquidation plan.
• Represented a hotel through a 363 sale process resulting in sufficient sale proceeds to pay all creditors in full.
• Represented a large North Dakota non-profit through a Chapter 11 case, involving significant asset sales and confirmation of a plan of liquidation.
• Represented a 25-store retail business in a Chapter 11 case, including use of cash collateral, asset sales, and a plan of liquidation.
• Represented an oilfield industry business in a Subchapter V case, negotiating and confirming a plan of reorganization that paid all creditors in full over the life of the plan.
• Represented a retail technology business in a Chapter 11 case, including a third-party stay, use of cash collateral, and a confirmed plan of reorganization.
• Represented a Catholic Diocese through a Chapter 11 case, resulting in a confirmed plan of reorganization that compensated survivors of sexual abuse and ensured the Catholic Diocese could continue its mission post-bankruptcy.
• 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 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.

Other Bankruptcy Representation

• Represented the senior secured lender in a Chapter 11 bankruptcy case in California, negotiating a settled payoff and resolution of cash collateral issues.
• Represented the senior secured lender in a Chapter 7 bankruptcy case of an electronic bike company and subsequent guarantor bankruptcy cases, resulting in receipt of property sale proceeds in satisfaction of the secured obligations.
• 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, and successfully defended the judgment before the Eighth Circuit Court of Appeals
• Represented the sole shareholder of a Chapter 7 debtor in a successful objection to a claim filed by the State of North Dakota for over $11 million, and successfully defended the decision before the Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals.
• Represented a private party in reopening a 1920-era bankruptcy case under the Bankruptcy Act for the purpose of conducting a 363 sale of newly-discovered assets.
• Represented a buyer of a Texas business through a 363 sale process in bankruptcy court in Texas.
• Regularly represents parties sued to recover preference and fraudulent transfers across the country.

Other Debtor/Creditor Experience

• Represented a receiver of office complex located in Minnesota through the foreclosure of the property.
• Represented a hog operation through an orderly wind-down and going-concern sale.
• Represented an assisted-living facility through an orderly wind-down and real property sale.
• Represented a residential exterior contractor through a successful workout and debt restructure.
• Represented an exercise facility through successful lease negotiations and debt restructure.
• Represented a business in the frac sand industry through a workout and eventual consensual receivership.
• Represented a hotel and conference center through a successful workout and refinance agreement.
• Represented a craft brewery in a successful workout and debt restructure.
• Represented a group of construction businesses in a debt restructure and settlement of various lender claims.
• Represented a receiver in a receivership over various apartment/condominium complexes, including multiple asset sales.
• Represented a non-profit theater company in successful workout with creditors and landlord.
• Regularly advises agricultural cooperatives regarding agricultural lien issues.

Litigation Experience

• Represented the buyer in litigation with the seller concerning earnout calculation and indemnification obligations, resulting in a mediated settlement agreement.
• Represented a grain elevator in a dispute over lien rights and the value of grain proceeds, resulting in an order granting summary judgment in favor of the grain elevator.
• Represented an agricultural cooperative in a successful defense of fraudulent transfer claims brought by a lender in federal court.
• Represented a landlord in a breach of lease litigation against a former NFL player, resulting in a judgment for the landlord.
• Represented a community bank through litigation concerning agricultural loans and related collateral, resulting in the full recovery on the agricultural loans.
• Represented a manufacturing company in litigation concerning unpaid invoices and alleged equipment deficiencies and mediated a settlement of all claims.
• 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.

Education

• University of Minnesota Law School, J.D., 2011, magna cum laude
• University of St. Thomas, B.A., 2008, magna cum laude

Admissions

• Minnesota, 2011
• North Dakota, 2021
• U.S. District Court for the District of Minnesota, 2014
• U.S. Bankruptcy Court for the District of Minnesota, 2014
• U.S. District Court for the Western District of Wisconsin, 2019
• U.S. Bankruptcy Court for the Western District of Wisconsin, 2019
• U.S. Court of Appeals for the Eighth Circuit, 2020

Clerkships

• Clerk, Former Chief Judge Kathleen H. Sanberg, U.S. Bankruptcy Court of Minnesota, 2012-2014
• Judicial Externship, Judge Kathryn Messerich, 2009

• Minnesota Super Lawyers Rising Star, Bankruptcy: Business, 2017-2022
• North Star Lawyer, Minnesota State Bar Association,  2015-2016, 2018-2019
• Next Generation Program, National Conference of Bankruptcy Judges, 2018 Participant
• Transaction of the Year, Turnaround Management Association-Minnesota Chapter, 2016, 2018
• Global Pro Bono Dispute of the Year, American Lawyer, 2015
• Minnesota Lawyer of the Year, Minnesota Lawyer, 2015
• Finalist, National Conrad B. Duberstein Bankruptcy Moot Court Competition, 2010

Professional Activities

• University of Minnesota Law School, Adjunct Professor, Conrad B. Duberstein Moot Court, 2019-2020, 2020-2021, 2021-2022
• American Bar Association, Litigation Subcommittee, Business Bankruptcy Section, Co-Chair
• National Conference of Bankruptcy Judges Next Generation Committee, Member
• Turnaround Management Association, Former Board Member
• American Bar Association, Member
• American Bankruptcy Institute, Member
• Minnesota State Bar Association, Member
• Hennepin County Bar Association, Member
• University of Minnesota Law School, Bankruptcy Clinic Director, 2010-2011
• Minnesota Journal of International Law, Executive Editor, 2010-2011