Karl J. Johnson

Karl Johnson is certified as a Business Bankruptcy Specialist by the American Board of Certification. Only four attorneys in Minnesota hold this certification.

Karl has represented debtors and secured and unsecured creditors in bankruptcy cases under chapters 7, 11, 12, and 13. He has also represented trustees in bankruptcy cases under chapters 7 and 13.

His clients include individuals, small and large businesses, and institutional creditors. Karl also has experience drafting loan documents, litigating creditor-debtor and inter-creditor disputes, debt collection, and defending FDCPA actions.

• Prevailed on issue of first impression regarding treatment of student loans in chapter 13: In re Jordahl, 539 B.R. 567 (8th Cir. BAP 2015)
• Prevailed on issue of first impression regarding treatment of business expenses under chapter 13: In re Hoffman, 511 B.R. 128 (Bankr. D. Minn. 2014)
• Represented a client in a bankruptcy adversary proceeding, resulting in state court sanctions being excepted from discharge
• Defended a bankruptcy adversary proceeding based on allegations of fraud, resulting in dismissal of the complaint
• Settled a seven-figure fraudulent transfer action for less than 8% of the amount in controversy
• Negotiated adequate protection that resulted in larger plan payments for a bank client
• Successfully argued that a nonprofit organization cannot be classified as a small business debtor in a Chapter 11 case and cannot be burdened with the additional procedural requirements that are imposed on a small business debtor
• Represented debtor in the first confirmed plan in the Eighth Circuit under subchapter V of chapter 11
• Represented debtors in the chapter 11 bankruptcy case of a restaurant chain with locations in more than a dozen states
• Negotiated to settle a $1.5 million preference claim for only $170,000

Selected Publications

• Author, Real Estate in Bankruptcy, 25 MINNESOTA PRACTICE—REAL ESTATE LAW, Ch.7 (Wertheim ed., 2019-2021 eds.) 
• Co-Author, "Sale of Assets," Bankruptcy Practice in Minnesota Deskbook (Larison, Running and Stewart eds., 1st ed., 2016 update; 2nd ed., 2018 and 2020 update)
• Co-Author, "Bankruptcy Basics," Representing the Ongoing Business Deskbook, (Willeke edition, 2nd edition, 2017 and 2018 update)
• Co-Author, "Vesting With or Without Agreement: Implications for Due Process," National Association of Chapter Thirteen Trustees Quarterly, Vol. 8, No. 3, at 21 (2nd Qtr. 2016)

Selected Speeches

• “Asset Sales and Liquidating Plans in Sub V,” Nat’l Assoc. of Bankr. Trustees Annual Conference, Chicago, Aug. 27, 2021
• “7 Things Every Real Estate Attorney Needs to Know About Leases and Bankruptcy Right Now,” Minnesota CLE, July 21, 2021
• “An Update on Subchapter V—Was it Worth It?” William J. O’Neill Great Lakes Regional Bankr. Institute, Cleveland, Ohio, May 21, 2021
• Small Business Reorganization Act of 2019, Mitchell Hamline Law School, November 13, 2020
• Case Law Update, Minnesota Bankruptcy Institute, October 8, 2020
• Case Law Update, Agricultural Law & Bankruptcy Law Virtual Seminar, State Bar Association of North Dakota, June 3, 2020
• Case Law Update, Minnesota Bankruptcy Institute, October 3, 2019
• “Contracts in Bankruptcy,” Minnesota CLE, August 27, 2019
• “I Take Exception to Your Discharge: Current Developments in Dischargeability Actions,” Minnesota State Bar Association, July 16, 2019.
• Bankruptcy Case Law Update Webinar, May 31, 2019
• Case Law Update, Minnesota Bankruptcy Institute, October 4, 2018.
• "Business Bankruptcy Roundtable," Minnesota Bankruptcy Institute, October 24, 2017.
• "New Law & Significant Issues in Bankruptcy: Asset Sales," Minnesota CLE, July 26, 2017.
• "Effectively Utilizing Chapter 12 Bankruptcy as a Tool in Agricultural Workouts," Independent Community Bankers of Minnesota Webinar, March 8, 2017.
• "What Can You Do With Property Nobody Wants? Vest: Opportunities for Debtors and Pitfalls for Secured Creditors," Minnesota State Bar Association Bankruptcy Section, February 21, 2017.