Mr. Kruchek, a partner in the Scottsdale office, began his career shortly before the beginning of the real estate downturn of the late 1980s and early 1990s. During this period he focused his practice on representing lenders such as pension trust funds, insurance companies and banks with claims secured by real and personal property. He provided advice on all aspects of bankruptcy, including enforcement of lenders' rights, obtaining relief from the automatic stay to permit a lender to proceed with state law foreclosure rights and remedies, debtor-in-possession financing, asset purchases and sales, lease assumption and assignment, adequate protection and plans of reorganization.
As the market improved during the mid-1990s, Mr. Kruchek transitioned his practice to representing lenders in negotiation and documentation of loans secured by real property and other assets. In the market turmoil and recession that began in 2008, Mr. Kruchek returned to representing lenders in loan workouts, modifications, loan enforcement and bankruptcy as described above. As the market has improved, Mr. Kruchek's practice continues to largely focus on distressed debt enforcement and bankruptcy work but also includes loan origination and related types of work.
He also provides comprehensive legal services to businesses, including assistance in the formation of business entities, compliance with applicable corporate and limited liability company laws and governance issues, and matters concerning general contracts, real estate, employment, and taxation.
Mr. Kruchek has been selected toSouthwest Super Lawyers 2010, 2011, 2012 and 2013 and for inclusion inThe Best Lawyers in America in the practice area of Real Estate Law since 2011.
•Represents lenders and other financial institutions in loan workouts and modifications, foreclosures, state court litigation to enforce loans and guarantees and bankruptcy cases.
•Represented a lender in bankruptcy obtaining stay relief on a large dairy operation to permit non-judicial foreclosure and continued to represent the lender after obtaining stay relief in bankruptcy in connection with the state law foreclosure, appointment of a receiver and disposition of the property.
•Represents a lender that acquires large portfolios of loans secured by real estate and other assets in Arizona and across the nation assisting it with foreclosures, enforcement of guaranties and actions for deficiencies, bankruptcy cases, fraudulent transfer claims and other proceedings.
•Represents multiple lenders in bankruptcy and state court proceedings enforcing security interests in equipment and other types of personal property.
•Represented a lender in a $75,000,000 line of credit loan transaction secured by marketable securities and a $45,000,000 permanent loan transaction secured by an apartment complex.
August 15, 2013Record Number of Kutak Rock Attorneys Named Best Lawyers
Forty-seven Kutak Rock attorneys reprenting 10 of the firm's 16 offices have been listed inThe Best Lawyers in America 2014.
September 7, 2012Best Lawyers Increase by 50% to 45 attorneys
Forty-five Kutak Rock lawyers were recently selected by their peers for inclusion inThe Best Lawyers in America2013.
August 30, 201129 Kutak Rock Attorneys Are 'Best Lawyers'
Twenty-nine Kutak Rock lawyers have been selected by their peers for inclusion inThe Best Lawyers in America 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
August 24, 2011An Issuer's Payments on Tradable Debt Securities May Be Protected From Avoidance in a Subsequent Bankruptcy Case of the Issuer
The Second Circuit recently held, in a case of first impression, that a pre-bankruptcy payment by an issuer of commercial paper to redeem the commercial paper can constitute a protected settlement payment under the Bankruptcy Code that is not avoidable as a preference or as a constructively fraudulent transfer in a subsequent bankruptcy case of the issuer.
January 27, 2011Firm Elects 24 To Join Partnership In 2011
November 10, 2010Kutak Rock Attorneys Picked As Best Lawyers
November 9, 2010Super Lawyers Chooses Kutak Rock Western Attorneys
•Southwest Super Lawyers2010 and 2011
•2011 and 2014 editions ofThe Best Lawyers in America in Real Estate Law