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Brian J. Koenig

Brian Koenig helps clients win high-stakes disputes. Brian has vast experience in complex commercial bankruptcy, litigation, and trust matters and leads the bankruptcy and creditors’ rights practice at Koley Jessen, where he is a shareholder and Vice Chair of the Litigation Department. A strategic thinker and pragmatic problem solver with a significant record of success, he is the trusted bankruptcy and litigation counsel in proceedings throughout the country for multiple publicly-traded companies, private equity firms, privately-held businesses, and prominent individuals.

In his commercial bankruptcy and financially-distressed transactions practice, Brian counsels a variety of clients including creditors, debtors, bankruptcy trustees, creditor committees, and post-bankruptcy investors, to help them evaluate risks, minimize their exposure, maximize their recoveries, structure transactions, and cost-effectively resolve issues. A previous 40 under 40 honoree by the American Bankruptcy Institute, Brian has been recognized as a “Super Lawyer” by Thomson Reuters and in The Best Lawyers in America® for commercial litigation and litigation - bankruptcy and by Chambers and Partners for his Bankruptcy/Restructuring work. Chambers quoted clients as saying, "Brian is a huge asset to our company's in-house legal team and has been instrumental in guiding us through a number of bankruptcy matters." and "He is a creditors' rights Jedi. His breadth of knowledge combined with his calm temperament have helped my organization navigate toward successful outcomes that involve bankrupt clients."

Brian's experience includes:

  • Identifying, negotiating, and implementing strategies for distressed companies and individuals both in and out of bankruptcy;
  • Counseling creditors, debtors, and investors in commercial transactions and foreclosures, including mortgage foreclosure proceedings, strict foreclosure actions, UCC sales, deed of trust sales, and purchases or sales of assets in bankruptcy pursuant to “363 sales”;
  • Litigating contested matters in state and federal courts, including actions under guaranties, replevin actions, avoidance actions, objections to discharge, dischargeability actions, preference claims, subordination claims, equitable recharacterization claims, plan confirmation objections, relief from stay motions, 503(b)(9) administrative expense claims, proof of claim allowance, fraudulent transfer claims, and other disputes under the Bankruptcy Code;
  • Formulating strategies to assist banks and companies dealing with financially-distressed and bankrupt customers to maximize their recoveries; and
  • Negotiating out-of-court workout and forbearance agreements.

In his general litigation practice, which is concentrated in commercial and business litigation that typically involves highly complex, technical contracts with large amounts at stake, Brian represents clients in a variety of litigation matters including:

  • Lender liability claims,
  • Replevin actions,
  • Lien and mortgage foreclosures,
  • Complex contract disputes,
  • Construction defect claims,
  • Lease disputes,
  • Class action suits, including the Telephone Consumer Protection Act,
  • Business interference claims,
  • State receiverships,
  • Negligence claims,
  • Product liability claims,
  • Wrongful death claims,
  • Personal injury claims,
  • Shareholder disputes,
  • Insurance coverage disputes,
  • National Vaccine Injury Compensation Program claims,
  • Wrongful termination of distributor claims,
  • Patent infringement claims,
  • Will and trust disputes, and
  • Breach of fiduciary duty claims.

In his appellate practice, Brian has argued cases before the Nebraska Supreme Court, the Eighth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, and the Bankruptcy Appellate Panel for the Eighth Circuit, in addition to participating on the briefs in cases before the Iowa Supreme Court. Prior to joining Koley Jessen, he served as a judicial law clerk to the Nebraska Supreme Court and as the editor-in-chief of Creighton Law Review.

Brian is a frequent author and lecturer on bankruptcy and litigation topics, having presented nationally through Strafford and the TMA and locally at the Omaha Commercial Real Estate Summit. Brian also has written numerous articles that have been published in The Nebraska Lawyer, among other publications.

J.D., Creighton University, 2007 (cum laude)

  • Editor-in-Chief, Creighton Law Review, 2006-2007

B.A., Simpson College, 2003

  • Political Science and History

  • State of Iowa
    State of Nebraska
    U.S. District Court, District of Nebraska
    U.S. District Court, Northern District of Iowa
    U.S. District Court, Southern District of Iowa
    U.S. District Court, Central District of Illinois
    U.S. District Court, District of Colorado
    U.S. District Court, Eastern District of Michigan
    U.S. Court of Appeals, Eighth Circuit
    U.S. Court of Appeals, Ninth Circuit

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