Matthias Kleinsasser Image

Matthias Kleinsasser

Of Counsel

Matthias Kleinsasser is a seasoned litigator with experience in federal district court, bankruptcy court, and Texas state court. He is a part of Winstead's Investment Management Group and Private Funds Industry Group. He is first and foremost a problem solver who takes a holistic approach to each matter in light of the client’s goals and concerns. He is equally comfortable negotiating a resolution to a dispute out of court or litigating a high stakes lawsuit. His experience in the fields of bankruptcy and creditors’ rights allows him to advise clients with respect to post-judgment remedies and debt restructuring options, enabling him to take a representation from the pre-suit stage to post-judgment proceedings with ease. 

Matthias is a member of Winstead’s Business Litigation, White-Collar Defense and Business Restructuring/Bankruptcy practice groups. He regularly represents officers, directors, and other clients involved in private securities litigation, as well as in investigations brought by regulatory agencies such as the Securities and Exchange Commission and the FDIC. In contrast to many attorneys who seek to be highly specialized, Matthias prides himself on his ability to diligently represent clients in almost any kind of contested matter, be it a state court receivership, class action, AAA arbitration, inverse condemnation suit, or other dispute. He also frequently advises firm transactional clients with respect to contract negotiations and business disputes, particularly in the technology and healthcare fields.

Matthias has significant fraudulent transfer litigation experience. He has advised foreign clients on asset recovery procedures under United States law and is a Contributor to the CDR Essential Intelligence publication on “Fraud, Asset Tracing & Recovery.” He has also represented debtors, creditors, and trustees in virtually all aspects of business bankruptcy proceedings, including contested asset sales and debtor-in-possession financing. 

Matthias began his legal career with a view from the other side of the bench when he served as law clerk to the Honorable D. Michael Lynn, U.S. Bankruptcy Judge for the Northern District of Texas. Prior to joining Winstead, he practiced with large law firms in Dallas and Fort Worth and with a respected business bankruptcy boutique.

Matthias is a co-author for Winstead’s Securities Litigation and Regulatory Enforcement blog.

 

Experience

Representative Experience

Regulatory Enforcement Proceedings

  • Counsel to outside directors of financial institution in investigation brought by FDIC.
  • Counsel to former CEO of NYSE-listed company in SEC investigation.

Fraudulent Transfer and Asset Recovery Matters

  • Represented class of “net winner” defendants sued by SEC receiver in fraudulent transfer lawsuit arising out of penny auction Ponzi scheme. 
  • Represented defendants sued in bankruptcy court fraudulent transfer suit in which the alleged damages exceeded $50 million. Obtained dismissal of most claims under Rule 12(b)(6). Lawsuit eventually settled.
  • Represented individual targeted by federal court-appointed receiver for repayment of alleged fraudulent transfers arising out of SEC-investigated Ponzi scheme. 
  • Represented financial institution in Texas state court lawsuit seeking appointment of receivership against Alabama-based oil and gas E&P company.
  • Advised litigation funder as to whether a large default judgment against a foreign national would be upheld in federal court (analysis used as part of client’s assessment regarding whether to fund litigation).

Commercial/Securities Litigation

  • Represented former CEO of NYSE-listed company named as defendant in securities and shareholder derivative lawsuits alleging related-party transactions and internal controls over financial reporting (ICFR) issues.
  • Represented private contractor sued, along with dozens of Texas municipalities, in putative class action relating to red light cameras, first in U.S. District Court, then before the Court of Appeals for the Fifth Circuit, and finally in Texas state court. State trial court dismissed claims against client for lack of subject matter jurisdiction.
  • Representation of numerous plaintiffs and defendants in breach of contract, business tort, and similar proceedings brought in state and federal court.

Bankruptcy Court Contested Matters

  • Counsel to individual owner of real estate company in Chapter 11, including multiple contested hearings with judgment creditor.
  • Counsel to debtor bakery company in bankruptcy court lawsuit against equity formers for subordination of loans and related claims.
  • Represented prior operators of skilled nursing facilities in Chapter 11 bankruptcy proceeding. Argued to bankruptcy court that lawsuit brought by Attorney General was not an exercise of state police power and was subject to the automatic stay. Represented clients at contested hearing seeking approval of potential estate-owned claims against insiders.
  • Represented aircraft fuel tank manufacturer in Chapter 11 proceeding and obtained bankruptcy court approval of sale of substantially all of the debtor’s assets under Section 363. 
  • Represented oil field equipment manufacturer in Chapter 11 proceeding and obtained bankruptcy court approval of sale of substantially all of the debtor’s assets on an emergency basis without an auction. Subsequently obtained confirmation of Chapter 11 plan.