Jennifer G. Lurken
Jennifer Lurken, a partner at Gislason & Hunter, has extensive legal expertise that allows her to provide large and small businesses, agricultural producers, banks and individuals with effective advice and solutions to the legal issues they experience. As an experienced litigator with an emphasis on bankruptcy, banking, civil litigation and employment law, Jennifer helps clients navigate the complex and confusing process when they are sued or when they need to assert their rights against another.
A seasoned professional in all aspects of bankruptcy and debtor-creditor rights, Jennifer handles complex and sophisticated matters on behalf of clients. By representing creditors, debtors and bankruptcy trustees, Jennifer has experience representing all parties to secured transaction disputes and uses the perspectives she gained to obtain successful outcomes for her clients. As a Chapter 7 bankruptcy trustee and a receiver, she is the representative for the recovery, preservation, liquidation and distribution of estate and receivership assets and the fiduciary responsible to various parties in interest in a case.
Jennifer strives to understand the needs of each client and to provide counsel in a manner that will help to simultaneously achieve both business and professional objectives.
Outside the office, Jennifer enjoys biking, swimming, cooking and spending time with her husband and two children.
Areas of Expertise
Agriculture Law & Agribusiness
- Ag Financing & Debt Restructuring
- Agribusiness Formation & Transactions
- Employment Matters
- Ag Litigation
Business & Corporate Law
- Business Entity Law & Formation, including LLC’s, Partnerships and Corporations
- Partner & Shareholder Agreements
- Contracts
- Purchase or Sale of Business
- Employment & Human Resources
- Creditors' Rights
- Business & Succession Planning
Finance & Banking
- Loan Transactions
- Loan Workouts
- Collection Actions
- Portfolio Management
- Regulatory Compliance
- Employment & HR Consulting
- Business Planning & Administration
- Bank Litigation
- Reorganization & Bankruptcy
- Commercial Lending
- Mergers & Acquisitions
- Corporate Governance
Litigation
- Commercial Litigation
- Ownership Disputes & Dissolutions
- Business Torts Litigation
- Employment Litigation
- Construction Litigation
- Banking Litigation
- Real Estate Litigation
- Property Disputes & Land Use
- Civil Appellate Law
Mediation/Alternative Dispute Resolution
- Arbitration
- Early Neutral Evaluation
- Mediation
- Special Master
- Summary Trials
Trusts & Estates
- Business Succession Planning
Experience
Successful Verdict for Secured Lender
In 2021, Jennifer Lurken obtained a trial verdict of $2.4 million for a secured farm lender, which was the full amount owed. The debtors defaulted and then denied liability to the lenders. The debtors denied the loaned funds had been received by the debtors. The debtors also defended the action by bringing counterclaims against the lender for breach of fiduciary duty, failure to supervise, and respondent superior. Prior to the trial, Jennifer obtained summary judgment on all three of debtors’ counterclaims. Thus focusing the trial on the lender’s claims.
Lender Paid in Full
In 2019, Jennifer Lurken successfully obtained full payment of over $3 million for a farm lender. Jennifer successfully negotiated an agreement whereby the debtor would sell agricultural land and equipment in an orderly manner and pay off the debt. The debtor upheld his agreement and paid the debt.
Litigation of Preference and Fraudulent Transfer Avoidance Claims
In 2016, Jennifer Lurken successfully defended her client against avoidance actions in excess of $20 million. The client had loaned $20 million to the bankrupt debtor and the bankruptcy trustee was attempting to undue the transaction and recover not just the principal paid to the client but the interest as well. Prior to trial, as a result of Jennifer’s legal research and investigation skills, she was able to obtain a favorable settlement for the client. Jennifer routinely represents banks and other lenders in pursuing and defending fraudulent transfer claims.
Dispute Over Ownership of Real Property
In 2014, Jennifer Lurken successfully tried a dispute over ownership in the Bankruptcy Court. Jennifer’s client was claiming ownership in real property based upon a signed deed from the debtor’s father. The debtor’s father claimed he had not executed the deed and therefore, he was the rightful owner of the real estate. The Bankruptcy Court ruled the deed was in fact signed by the debtor’s father. Therefore, the real property was the debtor’s asset and could be liquidated for the benefit of the unsecured creditors.
Representation of Secured Creditor in Bankruptcy Proceeding
In 2017, Jennifer Lurken represented a bank with a blanket security interest in all of the borrower’s equipment and other personal property and real estate. After the debtor filed bankruptcy, Jennifer obtained relief from the automatic stay. Jennifer then used her negotiation skills to obtain an agreement from the bankruptcy trustee and the debtor for the turnover of the equipment and real estate via deeds in lieu of foreclosure. Jennifer has represented lenders in cases involving foreclosure, secured interests, priority disputes, tax liens and loan defaults.
Appointment as a Receiver
In 2012, Jennifer Lurken was appointed as the receiver to manage a hotel. The hotel owner was in default on its secured loan. The secured creditor desired the hotel to be sold as a going concern in an effort to maximize value for purposes of a sale. Jennifer installed new management over the hotel, decreased the deficit the hotel was operating under and sold the hotel, allowing the secured creditor to recover more than it would have recovered in a liquidation.
Enforcement of Non-Compete Agreement
Jennifer Lurken successfully tried a non-compete agreement case to a Judge to enforce a non-compete agreement. The employee claimed, the non-compete agreement was invalid and unenforceable. The employee also claimed to the extent the non-compete agreement was enforceable, he had not violated the non-compete agreement. The Court ruled the agreement was enforceable and that the employee had violated the agreement. The parties quickly settled the issue of damages after trial. Jennifer has appeared in numerous employment matters addressing non-compete agreements, discrimination and termination issues.