T: 612.756.7108
E: kene@sapientialaw.com
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About

 

Ken has over 37 years of experience in insolvency, corporate disputes, debt restructuring, bankruptcy, receiverships, assignments for the benefit of creditors, financing and commercial litigation. Ken represents businesses seeking to protect their financial rights. Ken also represents individuals and businesses experiencing or seeking to avoid financial difficulties.

Ken has practiced in the Twin Cities his entire career. He represents all sides in bankruptcy proceedings and has been debtor’s counsel on some of the most significant Chapter 11 filings in Minnesota over the past 30 years. He also represents creditors’ committees and secured and unsecured creditors in bankruptcy proceedings, and he has litigated adversary actions in bankruptcy courts around the country.

Ken is a frequent lecturer and writer on topics involving the bankruptcy rights of individuals and businesses. He is licensed in Minnesota, Arizona and numerous federal and bankruptcy Courts around the region and the country, including the Eighth Circuit Court of Appeals and the United States Supreme Court.

Ken is one of only six attorneys in Minnesota to be certified in business bankruptcy law by the American Board of Certification, a certification he has held since the year 2000. In addition, Ken has been voted as a “Superlawyer” by his peers (only 5% of all attorneys are so designated) for fifteen years in a row and for 19 of the past 20 years.

• Memberships/Affiliations:
  American Bar Association
  American Bankruptcy Institute
  Minnesota State Bar Association — Bankruptcy Section
  Hennepin County Bar Association — Debtor-Creditor Committee
• Recent Reported Cases
  • Dakota County v. Milan, (In re Milan), 2016 BL 312159, B.A.P. 8th Cir., No. 16–6012, 9/22/16 ).
  • In re Acuity Medical, Bankr. Minn. Bky. No. 15–40126.
  • Analog Technologies Corp. v. Knutson, 2015 Minn.App. LEXIS 624 (Analog III).
  • In re Premier Healthcare Services, Inc., 2015 Bankr. LEXIS 865. 
  • In re Next Generation Media, 524 B.R. 824 (Bankr. Minn. 2015). 
  • Allred v. Hauser (In re Jundt), 2014 Bankr. 2729 (Dist. S.D.).
  • In re Coyote Creek, LLC, Bankr. Minn. Bky. No. 13–36053.
  • Analog Technologies, Inc. v. Knutson, 2013 Minn.App. 1158 (Analog II). 
  • Honsa v. Petrilak, Bankr. Minn. Adv. No. 12–03324 (Constantine).
  • KFC Corporation v. Wagstaff Minnesota, et al., 2012 U.S. Dist. LEXIS 372 (Dist. Minn.). 
  • Ries v. Legendary Marine (In re Genmar Holdings), 481 B.R. 500 (Bankr. D. Minn. 2012) 
  • In re Keely and Grabanski Land Partnership, L.P., 455 B.R. 153 (8th Cir. BAP 2011). 
  • Analog Technologies Corp. v. Knutson, 2011 WL 1236164, Minn.App., April 05, 2011 (Ross) (Analog I).
  • Lee v. Haukaas (In Re Haukaas), 2011 Bankr. LEXIS 2930. 
  • In re Kladek, Inc., d/b/a The King of Diamonds, Bankr. Minn. 10–35032 (Kressel).
  • In re Next Generation Media, Inc., Bankr. Minn. 10–40097 (Kressel).
  • Manty v. Larkin Hoffman Daly & Lindgren Ltd., Minn. Adv. 10–03071 (Kishel).
  • In re: Talon Manufacturing, Inc., Bankr. Minn. 10–42155 (Kressel).
  • In re Veblen West Dairy LLP, 434 B.R. 550, Bankr. S.D. 2010 (Nail).
  • In re Smith, Bankr. No. 09–47382 (Bankr. D. Minn. 2010). 
  • Swift & Co. v. Elias Farms, Inc., et al, 539 F.3d 849 (C.A.8 (Minn.)
• Publications/Presentations
  • Case commentary published by the MSBA’s Bankruptcy section: IN RE LUEBBERT, 987 F.3D 771 (8TH CIR. 2021) FEBRUARY 9, 2021: read more
  • “The Nifty Nine: The Most Important Bankruptcy Cases Decided by SCOTUS.” Co-Author: Minnesota CLE 2017
  • Chapter on Bankruptcy Issues, “Family Law Financial Handbook” Minnesota CLE, 2016
  • “The Effect of Law v. Siegel on the Ability to Deny Claims of Exemption” American Bankruptcy Institute Consumer Committee News, Spring 2015
  • “The Intersection of Family Law and Bankruptcy”- Minnesota Bankruptcy Institute 2014
  • “Contingent Property Interests in Bankruptcy” – Minnesota Bankruptcy Institute 2013
  • Association of Attorneys and Real Estate Executives: “New Bankruptcy Realities” presentation, April 2012
  • Co-Author, “To Be Paid or Not to be Paid, That is the Question” — Minnesota State Bar Association CLE 2012
  • Minnesota State Bar Association Bankruptcy Deskbook – “Exemptions;” 2012, 2014, 2016, 2018
  • “Individual Chapter 11s in Minnesota After BAPCPA: Uncharted Territory” — Minnesota Continuing Legal Education webcast (co-author), 2011
  • Chapter 11 First Day Motions in Minnesota, an Introduction ” (co-author), September 2010
  • State Capital Group Legal Blog: “BAPCPA Fails to Live up to its Advance Billing.http://bankruptcy.scglegal.com/2012/08/bapcpa-fails-to-live-up-to-its-advance.html, August 2011
  • “First Circuit Bucks Majority on Discharge of Unlisted Debt in No-Asset Case” – ABI Journal, Vol. XXVII, No. 9, November 2009
  • Outline: MSBA presentation, In re Addison, Minnesota State Bar Association, Bankruptcy Section, November 18, 2008
  • “Hidden Traps of Small Business Chapter 11s” – Minnesota State Bar Association CLE, 2008;
  • “Section 522(o): Can You Change the Law if You Leave the Language the Same?” – American Bankruptcy Institute (ABI) Committee News, April 2008
  • Numerous other articles and CLE outlines authored over the years on insurance law, landlord-tenant law and bankruptcy law

Education
J.D., University of Minnesota Law School (1983)
Bachelor of Arts, Magna Cum Laude, Moorhead State University (1980)

Court Admissions
State of Minnesota, 1983
State of Arizona, 2015
District of Minnesota, 1983
Multiple Other District Courts
Eighth Circuit, 1983
United States Supreme Court, 1986
United States Tax Court, 1996

Honors/Distinctions

“Super Lawyer” by Law & Politics (2006 — 2021)
AP Rated by Martindale Hubbell

Personal
Favorite travel spot: Paris
Favorite sport: Horse Racing, if that is a sport
Theme song: Whatever Gets You Through the Night
Favorite part of being a lawyer: Improving the lives of my clients
Favorite charity: My Church
Little known fact: One of my brothers was born a year and a day before me and another was born a year and a day after me.