David's Bio

David Runck is a shareholder at FMJ and Chair of the Bankruptcy & Insolvency group. He represents clients in litigation matters involving all types of distressed and defaulted commercial loans. He represents creditors in bankruptcy cases, loan default litigation, mortgage foreclosures, receiverships, debt restructurings and loan workout negotiations. He also represents clients in civil litigation in state and federal courts. David has extensive experience assisting all types of creditors (including banks, secured and unsecured lenders, creditors’ committees, indenture trustees, bondholders, real estate landlords, and equipment finance and leasing companies) to maximize their recovery in default situations.

Before joining FMJ, David was a Vice President at Wells Fargo Bank, N.A., where he served as an indenture trustee for bondholders in defaulted municipal bond transactions. Prior to Wells Fargo, he was a partner in the Financial Services department of a large Minneapolis law firm.

David was a law clerk for the Honorable Nancy C. Dreher at the U.S. Bankruptcy Court for the District of Minnesota and the U.S. Bankruptcy Appellate Panel for the Eighth Circuit. While in law school, he was an editor of the Annual Review of Banking Law.

David has been named a Minnesota “Super Lawyer” since 2011 (an honor given to only 5% of lawyers in Minnesota).

David E. Runck

Rated by Super Lawyers

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Boston University School of Law (JD, 1996)
Brandeis University (BA, cum laude, 1993)

Minnesota
Wisconsin
Massachusetts (inactive)

U.S. District Court, District of Minnesota
U.S. District Court, Northern District of Illinois
U.S. District Court, Western District of Wisconsin
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Supreme Court

  • Bankruptcy Practice Committee, U.S. Bankruptcy Court for the District of Minnesota (2009-2010)
  • Federal Bar Association, Minnesota Chapter, Bankruptcy Law Section
  • Minnesota State Bar Association, Bankruptcy, Civil Litigation, and Real Property Law Sections
  • Turnaround Management Association, Minnesota Chapter

  • Key Issues for Lessors under Non-Residential Real Property and Personal Property Leases, co-presenter, Minnesota Bankruptcy Institute (Oct. 2018 and May 2019)
  • Real Survival Tips for the Mounting Retail Woes, co-presenter, Minnesota Bankruptcy Institute (Oct. 2017)
  • Bringing and Defending Fraudulent Transfer Claims In and Out of Bankruptcy, Hennepin County Bar Association CLE presentation (Jan. 2016)
  • Defaults, Workouts & Bankruptcy Issues in Public Finance, National Association of Bond Lawyers 32nd Bond Attorneys’ Workshop (Sept. 2007)
  • Chapter 11 Secured Claim Valuation: Does My Pre-Petition Security Interest Attach to Post-Petition Collateral?, Minnesota State Bar Association (Oct. 2004)
  • Equipment Leasing in Minnesota, Lorman Education Services CLE presentation (Feb. 2004)
  • Everything You Ever Wanted to Know About Equipment Leasing But Were Afraid to Ask, CLE presentation (Oct. 2003)
  • In re Dial Business Forms, Inc.: Eighth Circuit BAP Holds That Priority Language in a Chapter 11 Plan “Trumps” Article 9, MSBA Bankruptcy Bulletin (Apr. 2003)
  • An Analysis of the Community Development Banking and Financial Institutions Act and the Problem of “Rational Redlining” Facing Low-Income Communities, 15 Annual Review of Banking Law 517 (1996)
  • Developments in Banking Law 1994: The Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, 14 Annual Review of Banking Law 1 (1995)

  • Representing court-appointed receivers and liquidating trustees for distressed businesses such as skilled nursing and senior living facilities, multifamily housing, office buildings, manufacturing facilities, retail, and other areas
  • Representing banks to enforce their remedies in defaulted commercial loans, including mortgage foreclosures, actions against borrowers and guarantors, receiverships and out-of-court workouts
  • Representing approximately 60 landlords of retail stores in the Chapter 11 bankruptcy case of In re Gander Mountain Company
  • Lead counsel for the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy cases of In re Petters Company, Inc. and In re Petters Group Worldwide, LLC, representing creditors owed approximately $2 billion in one of the largest Ponzi schemes in U.S. history
  • Representing the Official Committees of Unsecured Creditors in the Chapter 11 cases of In re HEI, Inc., In re SCICOM Data Services, Ltd., In re Purified Renewable Energy, LLC and In re Lyman Lumber Company
  • Pursuing and defending against insolvency-related litigation, such as claims to recover fraudulent transfers and preferences, claims against corporate insiders, equitable subordination and recharacterization claims, and lien perfection and priority disputes
  • Special litigation counsel for the court-appointed receiver for an insolvent real estate construction lender, defending against breach contract and fraud claims arising out of a $150 million structured finance transaction involving construction loan receivables
  • Advising a large asset-based lender on Article 9 lien perfection issues involving a $200 million revolving credit line secured by receivables acquired from automobile dealerships
  • Negotiating and drafting commercial real estate purchase agreements for the sale of distressed real property
  • Successfully argued numerous appeals before the U.S. Court of Appeals for the Eighth Circuit, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit, and the Minnesota Court of Appeals
  • Successfully argued In re Dial Business Forms, Inc., 273 B.R. 594 (Bankr. W.D. Mo. 2002), aff’d 283 B.R. 537 (B.A.P. 8th Cir. 2002) (named “Decision of the Week” by The National Law Journal (Oct. 2002))

“I do my best to add positive value to often difficult situations. In addition to finding the best solution for our clients’ legal needs, I make sure that I listen to our clients, communicate with them frequently, and keep things moving forward.”

David lives in a Twin Cities suburb with his wife and their two cats. He enjoys spending time with his friends and family, going to movies, and reading books.

News About David

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August 2023

14 FMJ Attorneys Named to the 2024 Best Lawyers and Ones to Watch Lists!

We are proud to announce that 14 of our attorneys have been recognized in the 2024 editions of Best Lawyers in America® and Best... Read more

July 2023

16 FMJ Attorneys Named to the 2023 Super Lawyers and Rising Stars Lists!

We are proud to announce that 16 of our attorneys have been named to the 2023 Minnesota Super Lawyers and Rising Stars lists! Congratulations... Read more

March 2023

Congratulations to Our Attorneys of the Year!

Several FMJ attorneys were recently recognized by Minnesota Lawyer Magazine as Attorneys of the Year for 2022.  Donald Chance Mark, Jr., David Runck, and... Read more

January 2023

2022 Corporate Transactions Summary

Thank you for making 2022 another great year for FMJ’s Corporate and Business Practice Groups! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General... Read more

January 2023

Why We Do It: FMJ’s Commercial Aviation Practice

In a world full of people, only some want to fly Isn’t that crazy? But we’re never gonna survive unless, we get a little... Read more

July 2022

Sixteen FMJ Attorneys Named to 2022 Super Lawyers and Rising Stars List

We are proud to announce that sixteen of our attorneys have been named 2022 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our current... Read more

July 2021

Thirteen FMJ Attorneys Named to 2021 Super Lawyers and Rising Stars Lists

We are proud to announce that twelve of our attorneys have been named 2021 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our ranked attorneys Heidi... Read more

March 2021

Financial Institutions and Cybersecurity: A Banker’s Guide to Surviving Cyber-Attacks in 2021

Cybersecurity experts have labeled 2019 “the worst year on record” for data breaches. According to a Bitglass report, financial institutions contributed 62% of the... Read more

July 2020

Eleven FMJ Attorneys Named to 2020 Super Lawyers and Rising Stars Lists

We are proud to announce that eleven of our attorneys have been named 2020 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our ranked... Read more

July 2019

FMJ Minnesota Super Lawyers 2019

We are proud to announce that 40% of our attorneys have been named 2019 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our “Super... Read more

April 2019

IRS Confirms No Clawback for Lifetime Exemption Gifts

Are you taking advantage of the increased gift and estate tax exclusions? If not, it might be a good idea to take a look... Read more

July 2018

Eleven FMJ Attorneys Named to 2018 Super Lawyers List

We are proud to announce that over 40% of our attorneys have been named 2018 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our... Read more

July 2016

Ten FMJ Attorneys Named to 2016 ‘Super Lawyers’

We are proud to announce that more than one-third of our attorneys have been named 2016 ‘Super Lawyers’ and ‘Rising Stars.’ Super Lawyers rates... Read more

July 2015

Eight FMJ Shareholders Named 2015 ‘Super Lawyers’

We are proud to announce that more than one-third of our attorneys have been named 2015 ‘Super Lawyers’ and ‘Rising Stars.’ Super Lawyers is... Read more

August 2014

FMJ Attorneys Named 2014 “Super Lawyers”

We are proud to announce that FMJ attorneys were selected as 2014 Minnesota Super Lawyers. Super Lawyers is a rating service of outstanding lawyers... Read more