Kitt Turner focuses her practice in bankruptcy, debtor/creditor, banking, and commercial law, including commercial litigation and lender liability. Her practice covers the full range of commercial litigation and bankruptcy, from small personal Chapter 11 cases to large national cases. She advises firm clients on the full range of bankruptcy and insolvency issues. Kitt has also been involved in resolution, workout and reorganization of distressed loans and investments in both the commercial and real estate areas, including matters involving the Federal Deposit Insurance Corporation, the Resolution Trust Company and distressed debt buyers who acquired troubled loans.
Representative Matters
· Nationwide representation of a major insurance company including cases involving fraud, debtor misconduct and complex claim issues such as environmental, construction, D&O, energy, bad faith, coverage and specialty insurances;
· International representations in insolvency matters involving allegations of fraud;
· Bonding company and surety representations in major Chapter 11 cases throughout the country, including letter of credit, subrogation and other issues;
· Representation of a major airport authority in bankruptcy matters nationwide;
· Representation of numerous municipalities regarding credit default swaps and in bankruptcy and municipal distress issues;
· Representation of a large hospitality company in bankruptcies nationwide involving customers, property owners and others;
· Advised on insurance insolvency matters;
· Advised firm clients on bankruptcy and fraudulent transfer implications of transactions and restructurings and fiduciary duties of officers and directors;
· Advised on intellectual property, environmental and pension issues in bankruptcy;
· Advised clients serving as turnaround managers, receivers, plan fiduciaries and chief restructuring officers and specialized brokers providing services to debtors in possession;
· Advised multiple clients on specialized jurisdictional rules applicable to bankruptcy cases and how to utilize those rules to advantage;
· Retention as special counsel to the debtor at the request of insurers to structure claim handling for over 30,000 asbestos cases in a Chapter 11 case;
· Represented the equity interests in the largest pre-packaged bankruptcy filed in eastern Pennsylvania in a series of 38 separate bankruptcies involving 23 properties, over 2,000 limited partners, 2,500 residential tenants and over $250 million in defaulted obligations. Devised strategy to successfully de-leverage companies, transfer assets to new bankruptcy remote entities and refinance a portion of the first mortgage in a structured finance transaction. Bankruptcy lasted less than 90 days;
· Represented a major bank in the bankruptcy and related litigation of a major borrower with nine separate credit facilities, including fraud and dischargeability litigation;
· Defended bank against charges that draws on the line of credit were fraudulently made by a dishonest employee;
· Represented the largest privately held automobile dealer and leasing company in the bankruptcy and related litigation involving a fleet leasing company specializing in the Florida rental car market;
· Pursued fraudulent conveyance claims and represented same entity when vehicle sublessor filed bankruptcy in Orlando, Florida ;
· Represented a major bank when it was sued on allegations that it was responsible for torts caused by its borrower in one of the largest industrial disasters since the Triangle Shirt Company fire;
· Successfully removed litigation from an unfriendly forum and caused a transfer to the location of the tortfeasor's bankruptcy and obtained injunction preventing third party claims against bank and declared that bank had no liability;
· Represented a major law firm against claims that it had caused the bankruptcy and financial failure of a real estate developer client;
· Represented an industrial equipment manufacturer in bankruptcy caused by difficulties resulting from patent litigation;
· Represented landlords of commercial and retail space in large bankruptcy cases pending in New York and Delaware ;
· Representing large creditors, secured and unsecured Chapter 11s nationwide;
· Represented a former CEO of a major debtor on whether employment contract claims were discharged by the bankruptcy;
· Represented a media placement and advertising agency, placing over $50 million a year in advertising, in both Chapter 11 and related litigation when its customer the Psychic Friends Network ceased to pay for airtime and defamed agency in claiming that it had been paid. Obtained defamation verdict at trial against principal;
· Represented unsecured creditors' committees in two separate cases involving deeply divided and conflicted committees which needed special assistance in overcoming their difficulties and functioning in cases where highly questionable transactions had occurred;
· Represented one of the country's largest swimwear manufacturers in the acquisition of trademark and design assets in the bankruptcy of one of its competitors;
· Represented a health care company looking to acquire assets of financially distressed psychiatric hospitals;
· Represented an equipment lessor of major hospital equipment in the bankruptcy of large urban hospitals;
· Represented the Committee for the University, a non-profit entity formed by the faculty, staff, students and alumni of Allegheny University of the Health Sciences and the MCP-Hahnemann Medical School in all aspects of the AHERF bankruptcy sale of the hospitals and transition of the university;
· Represented major bottling and distribution company in wind-down and sale of business and post-closing disputes with creditors;
· Provided bankruptcy analysis to restructure a cogeneration facility's liabilities and to renegotiate contracts;
· Representation of creditors in individual bankruptcy cases involving fraud issues;
· Preference and fraudulent transfer defense in cases nationwide.
Professional Affiliations
American Bankruptcy Institute
Turnaround Management Association
American Bar Association
International Women's Insolvency and Restructuring Corporation
Special Recognition
Selected for inclusion in Pennsylvania Super Lawyers
Chambers USA America's Leading Lawyers in Business for Bankruptcy/Restructuring
Articles/Speeches/Presentations
· Business Law Institute presenter, November 2009.
· "Municipal Bankruptcy," presented to State Capital Law Group, October 2009.
· "Advising Troubled Companies," course planner for Pennsylvania Bar Institute ('PBI'), September, 2008 and 2009.
· "Top Ten Commercial Cases," presented to PBI, September 2009.
· "Municipal Bankruptcy," presented to the Pennsylvania Association of Bond Lawyers, May 2009.
· "Bankruptcy: What should I be doing now?" Eckert Seamans' Legal Update, Spring 2009.
· "Prepackaged and Pre-arranged Bankruptcies," Business Credit, July/August 2008.
· "Intellectual Property in Bankruptcy," presented to ALI-ABA, February 2008.
· "Letters of Credit and Landlord Bankruptcy Claims: Can Anyone Straighten Out This Mess?" Norton Journal of Bankruptcy Law and Practice, Vol 16, No. 4, August 2007.
· "Insolvent Companies: Ensuring Your Protection," NACD - Directors Monthly, January 2007.
· "Dana Hits a Roadblock: Why Post-BAPCPA Laws May Impose Stricter KERP Standards," November 2006.
· "Issues for Directors, Officers and Their Attorneys," Continuing Legal Education Seminar, August 2006.
· "Bankruptcy and Intellectual Property Licenses," The Legal Intelligencer, March 2006.
· "New Bankruptcy Developments," Continuing Legal Education Seminar, August 2005.
Quoted
· "Dewey Defectors, New Firms Could Become Clawback Targets," quoted, Law360, April 16, 2012.
· "'Brilliant' Dewey Ch. 11 Gambit Could Save Firm," quoted, Law360, April 20, 2012.
(Also at Philadelphia, Pennsylvania Office)