In his work in the firm's bankruptcy and creditors' rights group, Carl N. ("Chuck") Kunz, III, represents creditors and other interested parties in commercial Chapter 11 and Chapter 7 bankruptcy cases around the country. Chuck represents both secured and unsecured creditors including:
· Industrial and Retail Landlords
· Equipment Lessors
· Telecom Companies
· Trade Creditors, including reclamation claimants and consignment vendors
· Indenture Trustees
· Bondholders
· Directors and Officers
· Employees
· Insurance Carriers, including health and commercial general liability
· Intellectual Property Licensors and Licensees
· Insurance premium finance companies
He also represents purchasers of assets out of bankruptcy and defends clients in bankruptcy related preference and fraudulent conveyance litigation.
In addition to representing parties in bankruptcy matters, Chuck assists creditors seeking to enforce rights against debtors, including through foreclosure, replevin, garnishment, execution and levy. Chambers USA 2011reports, "Carl Kunz also earns recognition for his creditor work. He is an experienced litigator, and clients welcome his clear legal acumen and responsiveness, saying he is 'a good example of the ideal outside counsel.'" He has tried jury and bench trials in all Delaware trial courts, where he has represented parties to contract and commercial disputes and defended commercial tort cases, including asbestos, premises liability and commercial auto cases. Chuck has also authored articles related to the practice of bankruptcy for the American Bankruptcy Institute Journal.
Honors and Awards
· Delaware Volunteer Legal Services Pro Bono Honor Roll, 2009
· Chambers USA - America's Leading Lawyers for Business, Bankruptcy, 2008-2011
· Martindale-Hubbell, AV Rating
Activities and Affiliations
· Delaware State Bar Association
· Delaware Bankruptcy Inn of Court
· American Bar Association
· American Bankruptcy Institute
· National Association of Real Estate Investment Trusts (NAREIT), individual member
Experience
Robbins Bros. Corporation
Co-counsel to the Official Committee of Unsecured Creditors in this bankruptcy of a jewelry store chain.
In re Atlas Air, Inc. (Miami, FL)
Represented indenture trustee, mortgagee, pass-through trustee and subordination agent for holders of Enhanced Equipment Trust Certificates (EETCs) in connection with restructuring of over $1 billion of aircraft leases.
In re United States Mineral Products, Inc. (Wilmington, DE)
Co-counsel to Chapter 11 Trustee in connection with successful reorganization of company's business and the channeling of its asbestos liabilities to a trust.
In re RedEnvelope, Inc. (San Francisco, CA)
Represented landlord of Debtors' primary distribution facility through successful auction and sale of debtors business, including assumption of lease by successful bidder.
Publications
04.01.2010
It's Not Double-Counting: Using Sec. 503(b)(9) Invoices as New Value Defense to Preferences
American Bankruptcy Institute Journal, Vol XXIX, No. 3, April 2010
08.01.2008
Section 503 (b)(9) Claims & Bar Dates: Creditors Must Be Vigilant
American Bankruptcy Institute Journal, Vol. XXVII, No. 6
11.01.2006
New Value Must Remain Unpaid? It's Time to Resole New York City Shoes
In the attached article which appeared in the November 2006 American Bankruptcy Institute Journal, partnerCarl N. Kunz, III, of Morris James Bankruptcy and Creditors' Rights Group, discusses preference litigation and whether subsequent new value need remain unpaid under 11 U.S.C. §574(c)(4).