Brian is the Managing Partner of Rembolt Ludtke. In 2018, he was appointed to the panel of Chapter 7 bankruptcy trustees for the District of Nebraska. His practice includes creditor’s rights and commercial litigation. Brian is regarded as one who can quickly grasp complex factual and legal issues and apply sound judgment in resolving disputes. He has been consistently recognized in the area of civil litigation by SuperLawyers®.
Brian Kruse
Legal Assistants
Practice Areas
Education/Admissions
Professional/Community
Successes
Media
Education/Admissions
Education
- University of Nebraska – Lincoln, College of Business Administration, B.S., 1995
- University of Nebraska College of Law, J.D., with high distinction, 2000
- Editor-in-Chief, Nebraska Law Review
- Order of the Coif
Admissions
- Nebraska
- U.S. Supreme Court
- U.S. Court of Appeals (8th Circuit)
- U.S. District Court (D. Neb.)
- U.S. Bankruptcy Court (D. Neb.)
Professional/Community
- Chapter 7 Bankruptcy Panel Trustee
- State Bar Association, House of Delegates, Member (2008-present)
- Fellow, Nebraska State Bar Foundation
- Robert Van Pelt American Inn of Court, Emeritus Member
- Lincoln Bar Association
- Board of Directors, March of Dimes
- Former Board of Directors, Juvenile Diabetes Research Foundation (JDRF)
- National Institute of Trial Advocacy, Trial Skills Program
- Former Adjunct Professor, Legal Writing, University of Nebraska College of Law
Successes
- Selected for listing in Great Plains Super Lawyers, Bankruptcy & Creditor/Debtor Rights (2009-2013) and Business Litigation, Civil Litigation: Defense (2009-present)
- Lange v. Mutual of Omaha Bank (In re Negus-Sons, Inc.), 460 B.R. 754 (BAP 8th Cir. 2011), aff’d, 701 F.3d 534 (8th Cir. 2012) (successfully avoided liens claimed by bank in personal property where dispute existed as to whether bank authorized release of UCC filings in connection with refinancing)
- Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.), 441 B.R. 325 (BAP 8th Cir. 2011), aff’d, 652 F.3d 933 (8th Cir. 2011) (successfully avoided a security interest in accounts receivable and defended against the improvement in position defense of 11 U.S.C. § 547(c)(5))
- United States v. Lange (In re Netal, Inc.), 498 B.R. 225 (BAP 8th Cir. 2013) (represented bankruptcy trustee regarding dispute as to IRS’s super-priority claim arising under 11 U.S.C. § 507(b) and obtained stipulation favorable to the bankruptcy estate during appeal)
- Needler v. Lange (In re Burival), 449 B.R. 371 (BAP 8th Cir. 2011) (represented Chapter 11 bankruptcy trustee where debtor’s attorney sought to vacate prior surcharge orders authoring liquidation of assets and payment of capital gains taxes)
- Irwin v. West Gate Bank, 288 Neb. 353, 848 N.W.2d 605 (2014) (successfully defended bank at trial and on appeal against claim by third party as to proceeds of collateral)
- Latzel v. Bartek, 288 Neb. 1, 846 N.W.2d 153 (2014) (filed amicus curiae brief and assisted in obtaining favorable result on behalf of client representing the interests of farmers and landowners where plaintiff claimed farmer’s corn crop obstructed view of intersection)
- Jacob North Printing Co., Inc. v. Mosley, 279 Neb. 585, 779 N.W.2d 596 (2010) (successfully reversed district court judgment disqualifying legal counsel on conflict of interest grounds)
- Cave v. Reiser, 268 Neb. 539, 684 N.W.2d 580 (2004) (obtained reversal of trial court decision reviving judgment against client and obtained new trial to determine whether client authorized attorney to enter an appearance in a prior proceeding)
- Diversified Telecom Services, Inc. v. Clevinger, 268 Neb. 388, 683 N.W.2d 338 (2004), cert denied, 125 S. Ct. 871, 543 U.S. 1050 (2005) (defended client in lawsuit and asserted that Nebraska courts lacked personal jurisdiction over defendant)
- Semler v. Sears, Roebuck and Co., 268 Neb. 857, 689 N.W.2d 327 (2004) (successfully represented business owner in personal injury claim by independent contractor and obtained order finding that owner did not owe a duty of care to contractor).
- Pope-Gonzalez v. Husker Concrete, LLC, 21 Neb. App. 575, 842 N.W.2d 135 (2013) (successfully obtained dismissal of nuisance action where plaintiff failed to comply with court’s discovery orders).
- Schneider v. Lambert, 19 Neb. App. 271, 809 N.W.2d 515 (2011) (obtained opinion finding that portions of district court order were not entitled to issue preclusion)
Media
- Author: “Strike One—You’re Out! Cautious Employers Lose under New Sexual Harassment Law: Fahagher v. City of Boca Raton, 118 S. Ct. 2275 (1998)” 78 Neb. L. Rev. 444 (1999)