University of Minnesota Law School, J.D., Magna Cum Laude
- Dean's List
University of Wisconsin, B.A.
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 1st Circuit
- Honorable Kathleen R. Gearin, Minnesota Second Judicial District Court
- Honorable Natalie E. Hudson, Minnesota Court of Appeals
Ben Gurstelle is a member of the Business Litigation section and the Bankruptcy/Creditors Rights practice group. He practices primarily in the areas of:
- Bankruptcy and financial restructuring
- Real estate and construction litigation
- Financial services litigation
- Trust and estate disputes and litigation
Bankruptcy and Financial Restructuring
Ben represents debtors and creditors in all aspects of Chapter 11 bankruptcy cases. He also regularly represents secured and unsecured creditors in Chapter 7 and Chapter 13 bankruptcy proceedings, including lien-stripping actions, relief from stay motions, claims issues and debt reaffirmation.
As for bankruptcy litigation, Ben has significant experience representing businesses and individuals in adversary proceedings, including fraudulent transfer, preference and other "clawback" cases. He also represents student loan lenders and servicers in proceedings related to discharge of student loan debt.
Additionally, Ben has experience with agricultural lending issues as they intersect with bankruptcy, including issues involving agricultural liens, the Perishable Agricultural Commodities Act (PACA) and the Packers and Stockyard Act (PSA).
Real Estate and Construction Litigation
Ben has experience representing contractors and general contractors in all stages of complex construction disputes and contract disputes in state and federal courts. He also has experience representing parties in commercial lease disputes. Ben has successfully litigated cases through trial, obtained dismissals through motion practice and obtained favorable mediation results.
Financial Services Litigation
Ben represents mortgage banking and financial institution clients in state and federal courts on a variety of commercial and consumer finance actions, including cases involving complex mortgage buyback disputes, TILA, RESPA, FDCPA, FCRA, federal and state consumer protection laws, and commercial and residential foreclosure statutes.
Trust and Estate Disputes and Litigation
Ben has significant experience representing trustees and individuals in litigation related to trust and estate asset disposition, including cases involving claims of breach of fiduciary duty, undue influence, lack of testamentary capacity, fraud, breach of trust and breach of contract.
Honors & Awards
- North Star Lawyer, Minnesota State Bar Association
Turnaround Management Association, Member
Federal Bar Association, Member
Minnesota State Bar Association, Member
- September 1, 2016
- May 12, 2016
- March 9, 2016
- August 26, 2011
- November 18, 2010
- Alert: Supreme Court Finally Decides Whether Consent to Bankruptcy Court's Final Adjudication of "Stern Claims" Is ConstitutionalJune 11, 2015
- February 19, 2015
- June 12, 2014
- September 9, 2013
- Alert: Eighth Circuit Holds Prepaid, Perpetual Exclusive Trademark License an Executory Contract Subject to Rejection in BankruptcyOctober 5, 2012
- Alert: Secured Creditor's Lien Cannot Be Avoided Based Solely on Creditor's Claim Being Disallowed for UntimelinessOctober 5, 2012
- June 30, 2011