Phillip L. Kunkel

Principal
Phillip L. Kunkel Image
Direct: 320.202.5335

Support Staff

Emily Legatt
Direct: 320.202.5343

Phil Kunkel concentrates his practice in receiverships, commercial financing, agricultural and agribusiness financing, and workouts and bankruptcy. He is a frequent CLE lecturer on commercial financing, UCC, renewable energy and workout and bankruptcy topics. Phil has also taught a course on agricultural marketing and production contracts in the LLM program at the University of Arkansas Law School.

Experience

  • Represented senior lenders in the VeraSun Energy Corporation bankruptcy concerning the acquisition, sale, and refinancing of six ethanol plants located in Minnesota, Iowa, Michigan, North Dakota, and Nebraska
  • Represented senior lenders in connection with the bankruptcy of 55 MMGY ethanol facility in Minnesota
  • Represented lenders in litigation arising out of winding down of multistate swine operations relating to the determination of priority of various security interests and agricultural liens
  • Represented national trade organization in connection with 2008 Farm Bill and United States Department of Agriculture regulations relating to competition in the livestock industry
  • Represented senior lenders in more than 25 renewable energy projects (including ethanol, wind power, and biodiesel) totaling more than $1.75 billion in Minnesota, Iowa, Nebraska, Indiana, Michigan, Wisconsin, Missouri, and Illinois
  • Represented administrative agent in a $400 million syndicated revolving credit facility for multi-state integrated agricultural producer
  • Represented administrative agent in a $500 million syndicated financing for agricultural processing facility in Missouri
  • Served as Chapter 11 trustee and represented bankruptcy trustees in $30 million check kiting and $350 million Ponzi scheme cases in Minnesota and Missouri
  • Represented senior lenders in connection with the acquisition via a credit bid for an operating electrical generating plant through a sales process conducted under the Minnesota receivership statute
  • Served as receiver for family farming businesses, commercial real estate projects, and golf club
  • Served on the working group that developed and drafted the Minnesota receivership statute and testified in support of the statute at the Minnesota legislature
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