Donald R. Kirk has experience in bankruptcy and creditor's rights; commercial litigation; and contract disputes. His practice includes representation of businesses in all aspects of bankruptcy cases. Representative Experience · Represented secured lender in restructure of $200 million of loans to significant commercial real estate developer. · Represented Debtor in confirmed Ch. 11 case for 18 store fast food franchisee (Quick Service Foods - 08-02797). · Represented Ch. 11 Trustee in Premier Mortgage Funding, Inc. Ch. 11 case (07-5713). · Represented the Unsecured Creditors Committee and, post-confirmation, the Liquidation Trustee in the Tropical Sportswear Inc., et. al. Ch. 11 cases (Lead Case No. 04-24134). The case involved the $88.5 million sale of assets to Perry Ellis International. · Represented the Ad Hoc Committee of 11% Senior Secured Noteholders and certain of those Noteholders providing DIP financing in the Anchor Glass Container Corporation Ch. 11 proceeding (Case No. 05-15606). The bondholders (approximately $350,000,000.00) became the owners of the reorganized company. · Represented the general partner in the Kaiser Aluminum Corp, et al Chapter 11 proceedings in the District of Delaware wherein we preserved a right of first refusal relating to the auction of a $331 million partnership interest. · Represented a national financing company and plan proponent in the Optical Technologies, et al Chapter 11 cases (Recomm) (Lead Case No. 96-00805). The client financed thousands of equipment leases pre-petition and provided post-petition financing. We have continued to represent the financing entity post confirmation in liquidating their portfolio. Significant Reported Decisions · In re Alvarez, 224 F.3d 1273, (11th Cir. (Fla.), 2000) · Ferguson v. Credit Management Control, Inc., 140 F.Supp.2d 1293 (M.D.Fla. Mar 23, 2001) · Gill v. Kostroff, 82 F.Supp.2d 1354, (M.D.Fla. Feb 08, 2000) · In re J & D Sciences, Inc., 335 B.R. 791, (Bankr.M.D.Fla. Jan 03, 2006) · In re TSLC I, Inc., 332 B.R. 476, (Bankr.M.D.Fla. Nov 01, 2005) · In re Unger, 333 B.R. 461, (Bankr.M.D.Fla. Sep 21, 2005) · In re Fultonville Metal Products Co., 330 B.R. 305, (Bankr.M.D.Fla. Sep 15, 2005) · In re Eigsti, 323 B.R. 778, (Bankr.M.D.Fla. Feb 24, 2005) · In re Tropical Sportswear Int'l Corp., 320 B.R. 15, (Bankr.M.D.Fla. Jan 28, 2005) Presentations and Publications Presentations · "All You Could Ever Want to Know About the Receivership Process," Panelist, ICSC Tampa Next Generation, Tampa, FL, October 2010 · "What Happens When a Bank Fails?" Speaker, Washington, D.C., October 2010 · "Global Navigation Through the Uncertainties of Insolvency and Restructuring - Distressed M&A Issues," Speaker, Hong Kong, November 2009 · "New Solutions for Lenders to Know," Speaker, Jacksonville, FL, March 2009 · "Subprime Mortgage Meltdown - Lawsuits, Defenses, Strategies, and Best Practices," Speaker, Mexico City, Mexico, September 2007 · "Florida Collections Law," Speaker, Tampa, FL, 2000-2001 Publications · "Investing in State Tax Liens: Understanding the Mechanics of Acquisition," Co-Author, The Journal of Corporate Renewal, Vol.24, No.4, May 2011 · "The Impact of Changes in Bankruptcy Law," Author, Aspatore Thought Leadership: Bankruptcy and Financial Restructuring Law 2010, Aspatore Publishing, January 2010 · "Due Diligence Concerns in Loan Transactions," Co-Author, Counsel to Counsel Magazine, November/December 2009 · "Creditors' Rights in Chapter 11 Cases - Leading Lawyers on Navigating the Reorganization Process, Exercising Creditors' Rights, and Understanding the Impact of Current Developments," Co-Author, Aspatore, March, 2009 · "How to Prepare for Subprime-Related Litigation," Author, First Focus: The Subprime Crisis, A Thomson West Report, 2008 · "Application of Florida's Homestead Exemption to Citizens of Foreign Countries," Author, Lawyer Magazine, Vol. 12, No. 7, April 2002 · "Franchise Dual-branding: The Irony of Association," Author, 10 DePaul Bus. L.J. 1, Fall/Winter 1997 Professional Affiliations · American Bankruptcy Institute · American Bar Association: Business Law Section, Vice Chair, Use and Disposition of Property Subcommittee · The Florida Bar: Business Law Section, Receivership Study Group, 2010 · Greater Tampa Chamber of Commerce, Leadership Tampa: Class of 2007 · Hillsborough County Bar Association: Board of Directors, Trial Lawyers Section · Tampa Bay Bankruptcy Bar Association: President, 2008-2009; Treasurer, 2007-2008; Secretary, 2006-2007; Board of Directors, 2002-2007 · U.S. Bankruptcy Court Middle District of Florida: Local Rules Committee Community Involvement · Children's Dream Fund: Past President; Board of Directors, 2001-2006; 2009-present Industries Banking and Financial Services Distinctions AV Peer Review Rated by Martindale-Hubbell The Best Lawyers in America, 2010-2012 Board Certified in Business Bankruptcy Law, American Board of Certification Chambers USA, 2010-2011; listed as a leading Bankruptcy Lawyer in Florida Florida Legal Elite, Florida Trend Magazine, 2009-2011; ranked in the top 2% of practicing Florida Bar Members Florida Super Lawyers, 2008-2011; Listed as one of the Top 100 Florida Lawyers in 2011 Up-and-Coming Legal Elite, Florida Trend Magazine, 2006-2007 Related News · Forty-Five Fowler White Attorneys Selected for Inclusion in The Best Lawyers in America® 2012 · Seventeen Fowler White Boggs Attorneys Named 2011 "Florida Legal Elite" · Chambers USA Names Fowler White Boggs Among Top Law Firms in Florida in Seven Practice Areas · 50 Fowler White Boggs Attorneys Named in Florida Super Lawyers and Rising Stars 2011 · Forty-Eight Fowler White Attorneys Selected for Inclusion in The Best Lawyers in America® 2011 · Twelve Fowler White Boggs Attorneys Named Legal Elite by Florida Trend Magazine · Chambers USA Names Fowler White Boggs Among Top Law Firms in Florida in Seven Practice Areas · Donald Kirk Elected President of Tampa Bay Bankruptcy Bar Association |