C. Kevin Kobbe

Bankruptcy and Insolvency Matters

• Representation of national senior living company as Chapter 11 debtor in case resulting in confirmed plan providing for US$360 million going concern sale of assets and restructure of US$2 billion in debt
• Representation of national retailer as Chapter 11 debtor in case resulting in successful going concern sale of assets
• Representation of international telecommunications company as Chapter 11 debtor in litigation involving disputed claims of governmental entities totaling more than US$400 million
• Representation of national franchisor as involuntary debtor in securing dismissal of involuntary bankruptcy petition and achieving comprehensive settlement with franchisees, lenders and other stakeholders
• Representation of DIP lender and successful purchaser of national retail chain with more than 800 stores
• Representation of successful purchaser in contested sale of US$80 million intellectual property portfolio
• Representation of successful purchaser in contested US$40 million sale of biotechnology assets
• Representation of purchaser of media assets in successful defense, following a three-week trial, of post‑sale claims asserted by creditors' committee seeking to challenge sale on grounds of fraud
• Representation of purchaser of health care assets in successful prosecution of claims against bankruptcy estate arising out of refusal of debtor and senior lender to close transaction
• Representation of committee of trade vendors in litigation of more than 600 adversary proceedings involving complex reclamation and avoidance issues
• Representation of surety with US$1.2 billion in secured claims in Chapter 11 case of international construction company
• Representation of pension fund with US$150 million in secured claims in litigation matters arising in Chapter 11 case of national real estate developer
• Representation of lender group with US$650 million in secured claims in Chapter 11 case of international agricultural company
• Representation of state agencies in litigation and comprehensive settlement of US$120 million claim asserted by Chapter 11 debtor arising out of US $3 billion construction project
• Representation of title insurer in litigation involving disputed ownership of thousands of mortgage loan assets in connection with Chapter 11 case of national mortgage lender
• Representation of landlord group in complex litigation relating to sale of leases and designation rights in connection with Chapter 11 case of national retailer
• Representation of national credit card issuer in successful effort to secure appointment of Chapter 11 trustee to investigate claims of self-dealing against directors and officers of financial services companies
• Representation of national and international franchisors in numerous bankruptcy cases, out-of-court restructurings and dispositions involving franchisees
• Representation of directors and officers of distressed companies in corporate governance and fiduciary matters, including defense of litigation claims for breach of fiduciary duty and avoidance of transfers
• Representation of borrowers, lenders, asset purchasers and court-appointed receivers in state court insolvency matters, including serving as national receivership counsel for international real estate firm acting as receiver for distressed revenue-producing properties in numerous states
• Representation of distressed debt investors in the acquisition and enforcement of defaulted loans and judgments

 Federal and State Court Litigation Matters

• Representation of national real estate developers in obtaining defense jury verdict in US$35 million federal court lawsuit involving claims for fraud and business torts arising out of failure of hospitality business
• Representation of national senior living company in obtaining defense jury verdict in state court lawsuit involving business tort claims arising out of disputed ownership of multimillion-dollar assets
• Representation of private equity firm in obtaining defense judgment at trial of US$15 million state court lawsuit involving business tort claims arising out of failure of telecommunications business
• Representation of national real estate developers in obtaining defense judgment at trial of multimillion-dollar federal court lawsuit involving contract and business tort claims arising out of alleged wrongful takeover of property
• Representation of international aerospace firm in obtaining judgment on US$12 million claims arising out of sale of distressed business
• Representation of national financial institution in securing dismissal of all claims after opening statement in state court jury trial of US$40 million lender liability lawsuit relating to borrower's failed business venture
• Representation of national financial institution in securing dismissal of multimillion-dollar lender liability claims relating to refusal to fund loan advances
• Representation of international lender in comprehensive settlement of multimillion-dollar lender liability litigation pending in various United States and foreign courts
• Representation of junior lender in multimillion-dollar litigation with borrower and senior lender under complex intercreditor and subordination agreement
• Representation of international insurance company in litigation before multiple courts involving US$800 million claim