Attorneys
L. Kathleen Harrell-Latham currently represents both debtors and creditors in various aspects of Chapter 11, insolvency litigation, and state based collection actions throughout the Midwest. In her representation of debtors, she works closely with management in distressed companies to assist in implementing the operational and management changes necessary to undertake reorganization efforts. As creditors’ counsel in both bankruptcy and insolvency matters, she works with her clients to perform the financial analysis to evaluate the appropriate strategy for each particular case and to undertake the steps necessary to ensure the maximum return for her clients. Bar Admissions Minnesota, 2008 Kansas, 2006 U.S. District Court of Kansas Professional Associations & Memberships American Bar Association, Business Law Section Federal Bar Association, Bankruptcy Section Minnesota State Bar Association Bankruptcy Law Section Business Law Section New Lawyers Section Minnesota Women Lawyers American Bankruptcy Institute
International Women's Insolvency & Restructuring Confederation - IWIRC Contributions Co-editor for the American Bar Association State Consumer Law Protection Treatise—Minnesota (2011) Co-editor for the Eighth Circuit for the American Bankruptcy Institute Volo Caselaw Update (2010-2011) Co-editor for the Eighth Circuit for the Federal Bar Association Bankruptcy Section, 2009-2011 Past co-editor for the Tenth Circuit for the American College of Bankruptcy Circuit Review, 2007-2008 Co-author of Collecting Delinquent Accounts, Precision Manufacturing
Journal of the Minnesota Precision Manufacturing Association, May/June 2010 Pro Bono Volunteer for the VLN Bankruptcy Advice Clinic
Judge for the MSBA High School Mock Trial Program Mentor for the Girls Going Places Entrepreneurship Conference Education William Mitchell College of Law, St. Paul, MN, 2006 J.D., cum laude University of Iowa, Iowa City, IA, 2002 B.A. Certifications National Institute for Trial Advocacy, 2008 Leadership Founder and chair of the newly created Monthly Mentoring Taskforce for the MSBA Bankruptcy Section, 2009-2011 Secretary for the National Bankruptcy Section of the Federal Bar Association (2011)
Service Areas
Corporate Litigation |
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Litigation Experience
Advantage Rent-A-Car Fast-Track Bankruptcy Sale to Hertz
Advantage Rent-A-Car turns to Larkin Hoffman for assistance during the company’s Chapter 11 bankruptcy.
Recent US Supreme Court Decision Seems to Spark Trend Narrowing Creditors’ Ability to Shield Itself from Liability under the Fair Debt Collection Practices Act
The United States Supreme Court significantly narrowed the application of the bona fide error defense under the Fair Debt Collection Practices Act in its ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et. al. In that case, the Supreme Court resolved a long-standing split amongst the circuits on whether a creditor attempting to collect a debt was entitled to claim the protection of the bona fide error defense under the FDCPA for an error resulting from misinterpretation of the law in lieu of a factual mistake. Since this decision was entered, courts considering application of the defense appear to be limiting its availability even further. This apparent trend is particularly important for all businesses and individuals considering their options and strategies when faced with collection of outstanding receivables in this economic climate.
Supreme Court To Determine Right of Secured Lenders to Submit Credit Bids on Their Collateral In Lieu of Requiring and Actual Payment in Chapter 11 Asset Sales.
The United States Supreme Court accepted the petition for certiorari on the Seventh Circuit decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank on December 12, 2011 and arguments will likely be heard by the Court in April 2012. This case presents the Supreme Court with the important issue of whether secured lenders are entitled to submit a credit bid, a bid not requiring actual transfer of payment, at the sale of their collateral in the Bankruptcy Court. A decision on this issue that is currently split amongst the circuits will require the Supreme Court to engage in a highly technical review of the Bankruptcy Code’s requirements for Chapter 11 plans of reorganization and the rights of secured creditors.
Bankruptcy Pro Bono Expands
Kathleen Harrell-Latham discusses the Bankruptcy Court's role in helping the Pro Bono Bankruptcy Committee expand its efforts across the state to provide volunteer legal services to disadvantaged clients in all aspects of bankruptcy in Bar Talk.
Recent Eighth Circuit Bankruptcy Decisions
Read four recent decisions from the 8th Circuit and the 8th Circuit Bankruptcy Appellate Panel.
Update from the National Bankruptcy Section of the FBA
Kathleen Harrell-Latham discusses recent updates from the National Bankruptcy Section.
Recent Eighth Circuit Bankruptcy Decisions: July 2011
Read two recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy Decisions: June 2011
Read four recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy Decisions: May 2011
Read a recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy: April 2011
Read five recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy: March 2011
Read four recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy Decisions: February 2011
Read two recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Recent Eighth Circuit Bankruptcy Decisions: January 2011
Read six recent decisions from the 8th Circuit Bankruptcy Appellate Panel.
Important Initial Considerations When a Customer or Vendor Files Bankruptcy
Your customer or vendor files for bankruptcy. What to do to protect your company.
H.R. 4677 attempts to Increase Protections for Employees and Retirees when their Company Files for Bankruptcy
New House Bill contains several substantial changes to federal law aimed at preserving workers' wages and benefits during a Chapter 11 bankruptcy proceeding.
Recent Eighth Circuit Bankruptcy Decisions
In October 2010, several important Eighth Circuit Bankruptcy Court decisions were issued.
Supreme Court Further Defines the Time Limitations for Objections to Exemptions in Bankruptcy
Learn more about a recent United States Supreme Court decision that clarifies bankruptcy law.
Falling Behind: Delinquent Accounts
In the current economy, an increasing number of otherwise good customers are falling behind on their bills. However, creditors can take a proactive approach to increase returns and profitability. L. Kathleen Harrell-Latham and Mark Geier discuss some important steps to protect creditors' interests.
Recent Eighth Circuit BAP Decision -- Stabler v. Beyers (In re Stabler)
The Eighth Circuit Bankruptcy Appellate Panel affirmed the South Dakota bankruptcy court’s decision to abstain.
Recent Eighth Circuit BAP Decision -- Shotkoski v. Fokkena (In re Shotoski)
The Eighth Circuit Bankruptcy Appellate Panel affirmed the South Dakota bankruptcy court’s decision denying the individual Chapter 11 debtors’ request for a final decree.
Recent Eighth Circuit BAP Decision -- Coleen Powers v. Odyssey Capital Group, LLC (In re Mesaba Aviation, Inc.)
Amongst a number of issues raised both properly and improperly on appeal, the Eighth Circuit Bankruptcy Appellate Panel first affirmed the denial of the appellant’s objection to the Case Closing Orders for lack of standing. Further, the BAP affirmed the lower court’s denial of the motion for reconsideration of the case closing orders as the prior unsuccessful appeal of her claim had eliminated the cause necessary under §350(b). Finally, the court affirmed the denial of the request to seal the appellant’s In Forma Pauperis application.
Court Rules Physical Agility Test Was An Illegal Medical Exam Under ADA
While the Americans With Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA) restrict the use of medical examinations to limited circumstances, employers have had much latitude under federal law to use physical agility tests to assess the ability to perform a job. On September 28, 2009, the Ninth Circuit Court of Appeals concluded that what the employer thought was a lawful return to work agility test was actually a medical exam and needed to prove that the test was consistent with business necessity to avoid liability under the ADA.
Supreme Court Upholds Application of Bankruptcy Court Injunction Barring Further Litigation or Recovery Directly from the Insurance Company of the Debtor
On June 18, 2009, the United States Supreme Court reversed the Second Circuit in Travelers Indemnity Co. et al. v. Bailey et al. and upheld the Bankruptcy Court’s decision to enjoin all litigation against the former insurance company of the debtor arising from breaches of its alleged independent statutory and common law duties to warn the public of the risks of asbestos.
Recent Eighth Circuit BAP Decision -- In re: Farr
On June 8, 2009, the Eighth Circuit Bankruptcy Appellate Panel reversed the decision of the bankruptcy court’s denial of a Trustee’s motion for summary judgment and entry of judgment in favor of the defendants who received funds from the debtor within three days of the petition date.
Recent Eighth Circuit BAP Decision -- In re: Raynor
On June 4, 2009, the Eighth Circuit Bankruptcy Appellate Panel affirmed the decision of the bankruptcy court’s holding and deferred to the prior appellate decision that the trustee’s avoidance action was not time-barred.
Recent Eighth Circuit BAP Decision -- In re: Burival
On June 4, 2009, the Eighth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s decision requiring a bifurcation of the landlord’s claim for lease rejection for purposes of allocating the amounts owed as an administrative expense claim.
Five Larkin Hoffman Attorneys Named 2012 Rising Stars
Larkin Hoffman is proud to announce that attorneys Ryan Boe, Kathleen Harrell-Latham, Mike Mergens, Julie Nagorski and Tamara O'Neill Moreland have been named to the 2012 Rising Stars® list by Super Lawyers Magazine.
Harrell-Latham Elected Secretary of the National Bankruptcy Section
Kathy Harrell-Latham was elected Secretary of the National Bankruptcy Section of the Federal Bar Association.
The Women of Larkin Hoffman Host Annual Networking Event
The women of Larkin Hoffman will host a professional networking event at The Museum of Russian Art. The annual event strives to connect women with women to foster professional relationships.
Guests will be able to network, enjoy the latest exhibits and learn about the artwork from museum docents. To register for the event, click here.
Larkin Hoffman Women's Networking Event
The Larkin Hoffman women attorneys hosted a professional networking event at the Target Field Metropolitan Club.
