Kirstin represents lenders and financial institutions in litigation and regulatory compliance matters. She has a proven track record of successfully defending consumer and commercial lender liability claims in state and federal court, as well as significant experience in complex fraud litigation and resolving priority disputes. Her regulatory work includes representing clients when responding to investigatory demands and claims asserted by state and federal regulatory agencies, including the OCC, DOJ, FDIC and CFPB. In bankruptcy, Kirstin represents both creditors and trustees in complex preference and fraudulent transfer cases.
Prior to joining the firm, Kirstin served as a law clerk for the Honorable David S. Doty in the United States District Court for the District of Minnesota. In addition to her financial institutions and bankruptcy practice, Kirstin advises and represents clients in state and federal criminal proceedings.
Awards & Recognition
- Minnesota Lawyer, Attorney of the Year (2016)
- Minnesota Super Lawyers, Rising Star, Top Women Attorneys in Minnesota (2016)
- Minnesota Super Lawyers, Rising Star (2012-2016)
- North Star Lawyer, Minnesota State Bar Association (2015)
Representative Financial Services Litigation
Consumer & Commercial Litigation
- Obtained injunctive relief and emergency appointment of receiver to preserve collateral in Provincial Bank v. Dahlke (Rice County District Court, 2007).
- Defeated all lender liability claims and obtained $20 million judgment in favor of secured creditor in Home Federal Savings Bank v. Prairie Crossing (Olmsted County District Court, 2009).
- Successfully enforced terms of SBA guaranty to favorably resolve all claims in Bremer Bank N.A. v. Outsourcing Ventures (Hennepin County District Court, 2010).
- Represented bank and former officers and directors on civil claims arising out of $35 million participated loan transaction in Minnwest Bank v. Community National Bank (Anoka County District Court).
- Successfully obtained temporary injunctive relief and defeated all lender liability claims to pursue resolution of in excess of $4 million fraud and contract claims in U.S. Bank N.A. v. Genesis Poly Recycling (Blue Earth County District Court, 2011).
- Successfully defeated all lender liability claims and enforced contested foreclosure in TJS Family Farms v. State Bank of Hamburg (McLeod County District Court).
- Obtained dismissal of all claims challenging MERS system and enforceability of secured notes in Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minn. 2012).
- Obtained dismissal of all lender liability claims arising out of contested foreclosure in Johnson v. Deutsche Bank Nat. Trust Co. (D. Minn. 2012).
- Obtained dismissal of all lender liability claims arising out of contested foreclosure in Frillman v. Deutsche Bank Nat. Trust Co. (D. Minn. 2013).
- Successfully enforced terms of interest rate swap agreements and obtained $1.2 million judgment and dismissal of all lender liability claims in Guemple v. Wells Fargo Bank, N.A. (Hennepin County District Court 2013).
- Obtained dismissal of all claims in Bland v. Deutsche Bank Nat. Trust Co. (D. Minn. 2013).
- Obtained dismissal of all claims in Broten v. IndyMac Mortgage Servs. (D. Minn. 2015).
- Kruckow v. Merchants Bank, 16-cv-02418 (D. Minn. 2016).
Government & Enforcement Litigation
- Obtained dismissal of litigation through successfully enforcing terms of Asset Purchase Agreement entered into with FDIC involving potential $7,000,000 exposure. See Midcities Metropolitan District No. 1 v. U.S. Bank, 44 F. Supp. 3d 1062 (D. Colo. 2014).
- Successfully litigated and resolved $20 million in claims alleged against former bank officers and directors. See FDIC v. Lindamood, 2:2014-cv-02396 (D. Kan. 2014).
- Successfully litigated and resolved $127 million in claims alleged against former bank officers and directors. See FDIC v. Mahajan, 2014 WL 3359333 (N.D. Ill. 2014).
- Obtained dismissal of $32.7 million False Claims Act case on behalf offormer bank outside directors. See United States ex rel. Conner v. Veluchamy, 2014 WL 51398 (N.D. Ill. 2014).
- Represented payment processor against claims alleged by CFPB. See Consumer Financial Protection Bureau v. Universal Debt & Payment Solutions, (N.D. Ga. 2015).
- Successfully litigated and resolved $9 million in claims alleged against former bank officers and directors. See FDIC v. Milbauer, 119 F.Supp.3d 939 (D. Minn. 2015).
- Successfully prosecuted mortgage fraud and racketeering claims as special assistant Hennepin County Attorney. See State v. Pratt.
- Lead trial counsel in civil rights excessive force action on behalf of Pro Se Project litigant. See Mayard v. Tallarico.
- Defense trial counsel on trial of 26-count indictment, including mail fraud, wire fraud and tax evasion. See United States v. John Joseph Waters.
- Trial counsel on behalf of Douglas A. Kelley, Trustee, successfully obtaining substantive consolidation of special purpose entities used to operate Petters Ponzi Scheme. In re Petters Company, Inc., 506 B.R. 784 (Bankr. D. Minn. 2013).
- Successfully argued appeal affirming substantive consolidation of special purpose entities utilized in $3.8 billion Petters Ponzi scheme. See Opportunity Finance LLC v. Kelley, 822 F.3d 451 (8th Cir. 2016), affirming WestLB AG v. Kelley, 514 B.R. 287 (D. Minn. 2014).
Trustee & Receivership Experience
- Represent court-appointed Chapter 7 Trustee in over 30 contested avoidance actions to recover fraudulent transfers of estate assets. In re Shifrin (Bankr. D. Colo.).
- Jointly prosecuted denial of discharge action on behalf of Chapter 7 Trustee with Colorado Attorney General’s Office. See Sender and State of Colorado v. Shifrin (Bankr. D. Colo.).
- Litigation counsel and part of trial team on behalf of Douglas A. Kelley, court-appointed receiver and Chapter 11 Trustee of Petters affiliated companies, involving over 200 contested avoidance actions resulting from the Petters Ponzi scheme. In re Petters, Co., 08-45257 (Bankr. D. Minn.).
- Represented court-appointed Chapter 7 Trustee in prosecuting fraudulent transfer litigation. In re Merrimac Construction Company, Inc. (Bankr. D. Minn.).
- Represent court-appointed receiver to recover receivership assets in multiple foreign jurisdictions. In re Golden West (Meeker County District Court).
- Enforced secured creditor’s lien in real estate in Arizona in receivership proceedings. In re First United Funding (Dakota County District Court).
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