Kirstin Kanski represents lenders and financial institutions in regulatory compliance matters and litigation. Her litigation practice includes defending lender liability claims; complex fraud litigation; contested commercial and consumer foreclosure proceedings; and resolving title and priority disputes. Her regulatory work includes representing clients in responding to investigatory demands and claims asserted by state and federal regulatory agencies, including the OCC, FDIC and CFPB. In bankruptcy, Kirstin represents both creditors and trustees in complex preference and avoidance 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)
- Successfully enforced the terms of a Purchase and Assumption Agreement and defeated potential multi-million dollar claims asserted against U.S. Bank based on the enforcement of a real estate covenant against the bank as an acquiring institution of commercial real estate asset from the FDIC, in its capacity as a receiver of a failed bank.
- In the Northern District of Illinois, obtained the dismissal of a qui tam action brought by a relator on behalf of the FDIC against former officers and directors of Mutual Bank pursuant to the False Claims Act, seeking damages in excess of $32.7 million.
- Serves as counsel for the Chapter 11 Trustee and Receiver in connection with the Thomas Petters Ponzi scheme and related bankruptcy cases, In re Petters Company, Inc. et al. (Bankr. D. Minn.), which involve claims in excess of $3.8 billion and the prosecution of over 200 avoidance actions commenced on behalf of the Trustee.
- Served as lead counsel on behalf of Deutsche Bank National Trust Company, as Trustee, and OneWest Bank, as servicer, in obtaining the dismissal of numerous state and federal litigation matters contesting the foreclosure of consumer mortgages on multiple theories, including HAMP violations and failures to comply with MN foreclosure statutes.
- Successfully defeated lender liability claims asserted against Wells Fargo Bank, and obtained a court order enforcing the terms and payment obligations of an interest rate swap agreement when the underlying real estate loans did not fund, resulting in judgments against the single-asset debtors and guarantors in the collective amount in excess of $1,500,000.
- Strategically assisted U.S. Bank in updating its internal third-party vendor oversight and compliance and risk management protocols, particularly in conjunction with CFPB compliance and mortgage foreclosure best practices in all 50 states.
- Trial counsel on behalf of the Chapter 11 Trustee of Petters Company Inc. and successfully obtained the substantive consolidation of the bankruptcy estates of the special purpose entities utilized by Tom Petters to perpetrate the Petters Ponzi scheme.
- Served as special Assistant Hennepin County Attorney in 2009 in the successful prosecution of a multi-million dollar mortgage fraud scheme. Following a six-week trial, the jury returned nineteen guilty verdicts in favor of the State of Minnesota, including two counts of racketeering.
- First-chaired an excessive force jury trial on behalf of a civil rights litigant in federal court, through the District of Minnesota’s Pro Se Project.
- Successfully defeated multiple lender liability counterclaims against Home Federal Savings Bank raised during a contested commercial foreclosure action in Olmstead County District Court, and ultimately obtained judgments against the corporate debtors and guarantor in the collective amount in excess of $20 million.
- Obtained a temporary injunction order and replevin order on behalf of U.S. Bank, to preserve the bank’s collateral involving a start-up company in Mankato after a USDA guaranty did not fund. Pursued fraud and contract claims on behalf of U.S. Bank in excess of $4 million; resolved counterclaims and litigation and recovered value of U.S. Bank’s collateral. Defeated borrower’s attempt to remove litigation to Illinois.
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