Kurt has represented bankruptcy and other trustees in litigation against accounting and auditing firms, actuarial firms, banks, credit card companies, management consulting firms, insurance companies, former officers and directors, law firms, and re-insurance companies. Causes of action brought in the trustee litigation include breach of contract, breach of fiduciary duty and conspiracy to breach fiduciary duties, conspiracy to defraud, constructive trust doctrine, state and federal fraudulent transfer claims, legal malpractice, money had and received, negligent misrepresentation and negligence, quantum meruit, securities fraud and violations of securities acts, and unjust enrichment.

Kurt has represented clients in hundreds of other business cases, including cases involving accounting, banking, breach of fiduciary duty, construction, employment, fraud, insurance, oil and gas, real estate, trade secrets and other business issues.

Some of the business and trustee cases that Kurt has handled include:

  • Counsel for trustee of chapter 11 liquidation trust against accounting firm, actuarial firm, international auditing firm, consulting firm and reinsurance companies relating to bankruptcy of company selling automobile warranties. Litigation and resolution of case involved coordination with class action filed in California.
  • Counsel for trustee of creditor’s trust asserting claims for legal malpractice and violations of securities act against law firm relating to sale of oil and gas interests. Claims were asserted in conjunction with class action claims brought by investors residing in 35 states and two foreign countries.
  • Counsel for chapter 7 trustee against former owner and officer of healthcare company for fraudulent transfers and breach of fiduciary duty, and against national bank for negligence in connection with deposits of checks.
  • Trial counsel for oil and gas company to clear title and recover value of oil produced by company that claimed ownership through adverse possession of mineral interests.
  • Trial counsel for real estate development company against purchaser of development who failed to pay promissory note assumed.
  • Trial counsel for development company and individuals in breach of contract case against Federal Deposit Insurance Corporation (FDIC).
  • Trial counsel defending computer installation company against claims of negligence after computer system was destroyed by fire.
  • Trial counsel for building inspector against claims of negligent inspection.
  • Counsel for buyer of automobile dealership against accounting firm and seller for failure to disclose revisions to accounting methods.
  • Counsel for buyer of automobile dealership against sellers for fraudulent representation of financial condition, check kiting schemes and fraudulent title practices.
  • Counsel for independent bankers association against credit unions and state agency in dispute over field of membership issues.
  • Trial counsel for bank to recover proceeds of checks from company that defrauded bank customer.
  • Counsel for bank directors against claims of fraud and mismanagement.
  • Counsel for bank against borrower claims relating to sale of credit life insurance.
  • Counsel for mortgage company against claims brought by warehouse lender.
  • Trial counsel for Mexican company defending against claims by U.S. bank after bank foreclosed and sold crops in Mexico.
  • Counsel for borrower against bank for booking foreclosed assets at value different than amount bid at foreclosure sales.
  • Counsel in prosecution and defense of claims by lenders against builders for violation of trust agreements and misapplication of funds.
  • Counsel in prosecution and defense of lenders, borrowers and guarantors in multiple collection, foreclosure, deficiency, lender liability and usury cases.