Brian J. Koenig

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 “Rising Star” 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.

Brian’s experience includes:

• Identifying, negotiating, and implementing strategies for distressed companies and individuals both in and out of bankruptcy;
• 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.

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.