Attorney Kevin D. Trost

Kevin D. Trost

Partner
Andrea Roth
608.283.6773

About

Kevin Trost is a partner in the firm and a member of the Business and Litigation Practice Groups. He represents financial institutions and insurers throughout the state and federal court systems. He frequently addresses legal issues in the areas of creditor’s rights, workouts, receiverships, residential and commercial foreclosures, and commercial litigation. He also handles less traditional financial matters such as the forfeiture of shares in cooperatives, land contracts and the foreclosure of vessels secured by first preferred ship’s mortgages. Prior to joining Axley, Mr. Trost worked for the nation’s largest creditor’s rights law firm, specializing in defense and litigation matters.

He frequently represents insurers in first and third party litigation matters, and has significant experience addressing products liability, contract and toxic tort issues. Mr. Trost also advises and represents insurers on first party property coverage matters involving fraud and arson. He has served as first chair trial counsel and tried cases lasting from a single day to multiple weeks.

Admitted to practice in the State Courts of Wisconsin, Eastern District of Wisconsin, Western District of Wisconsin, State Courts of Michigan, Eastern District of Michigan and Western District of Michigan.

Education

J.D., University of Wisconsin-Madison Law School
B.A., cum laude, Washington University

Involvement & Recognition

Involvement:

  • Member, American Bar Association
  • Member, Community Bankers of Wisconsin
  • Member, Michigan Bar Association
  • Member, State Bar of Wisconsin
  • Member, Wisconsin Defense Counsel
  • Board Member, Wisconsin Collectors Association
  • Volunteer, State Bar Lawyer Hotline

Client Successes

Successfully defended insurance carriers in two-week jury trial and three-week jury trial against claims by separate insureds that the insurers wrongly denied policy benefits for abatement of toxic substances

Kevin Trost

Regular defense of financial institutions alleged to have violated the FDCPA, FCRA, TILA, Wisconsin Consumer Act, and other banking and collections statutes

Kevin Trost

Representation of lender in federal lawsuit to enforce its security interest in $2 million life insurance policy

Kevin Trost
Federal Court Litigation

Regular representation of lenders seeking recovery of secured business and personal assets, including vessels subject to federally registered first preferred ship’s mortgages.

Spearheaded bank’s sheriff-assisted replevin of a defaulted borrower’s inventory from $25,000+ sq. ft. warehouse.

Kevin Trost

Repeated representation of financial institutions in lawsuits addressing whether the sale of recovered collateral is commercially reasonable.

Representation of lender whose marine vessel replevin was featured in New York Times article.

Kevin Trost

Defense of insurers in first party lawsuits brought by insureds whose insurance claims were denied on grounds of fraud or arson

Kevin Trost

Successfully represented insurance carrier as first chair counsel in mass tort lawsuit arising out of the flooding of 1,400 vehicles at a fairgrounds concert

Kevin Trost

Assisted in the preparation of Respondent’s Brief on the Merits in the United States Supreme Court case of Wisconsin Department of Corrections v. Schacht, 524 U.S. 381, 118 S. Ct. 2047, 141 L.Ed.2d 364 (1998)

Kevin Trost
Appellate Practice

Insights

Other Presentations & Publications
Presentation: “State Legislative Update.” Wisconsin Collectors Association Fall Conference (10/2014)
Presentation: "Bankruptcy and Wisconsin Consumer Act." Wisconsin Banking Law Update (7/2014)
Presentation: "TILA / RESPA Update." Wisconsin Banking Law Update (7/2014)
Presentation: “Coexistence of the FDCPA and the Bankruptcy Code.” Wisconsin Collectors Association Fall Conference (10/2013)
Article: "Russia's Federal Law on Advertising: Permanent Solution or Provisional Stopgap?" 16 Wis. Int'l L. J. 529 (1998)
Article: "Out of the Dark: The Emergence of Toxic Mold Litigation." 75 Wis. Law. 14 (3/2002)
Article: "The Sophisticated User Doctrine Arrives." 78 Wis. Law. 8 (3/2005)
Article: "The Forfeiture of Shares in Cooperative Housing Units." Corporate Counsel (2010)
Article: "Affirmative Defenses in the Wake of Twombly and Iqbal." Wis. Civil Trial J., Vol. 9, No. 2 (2011)
Presentation: "Wisconsin Foreclosures, Workouts and Replevins (panel discussion)." Community Bankers of Wisconsin (8/2012)
Presentation: "The Wisconsin Consumer Act: Developments and Trends." Community Bankers of Wisconsin (8/2012)