“An incredibly hard worker and a brilliant attorney.”
Chambers USA 2025
"Extremely smart and detail-oriented. She misses nothing."
Chambers USA 2024
"Very capable in the most complex matters."
Chambers USA 2024
"Very knowledgeable in the subject matters and knows all the key players. She is effect managing the process with many different constituents, always advocating effectively for her clients."
Legal 500 US 2024
"Kimberly is extremely intelligent, creative and hard-working."
Chambers USA 2023
"A very talented and knowledgeable Partner. Posin is a tough negotiator but is grounded in reaching commercial agreement. Always responsive."
Legal 500 US 2023
"Kimberly is agile, multi-talented and is an arm-in-arm partner with clients."
Chambers USA 2022
"She is a brilliant and steady hand on the client rudder."
Chambers USA 2020
Profile
Kim Posin, a restructuring partner, draws on nearly two decades of experience to advise debtors and creditors on high-profile matters and on a range of restructuring related transactions.
Kim regularly represents corporate debtors, secured lenders, creditors, and other interested parties in all aspects of distressed situations, including:
Chapter 11 bankruptcy proceedings
Out-of-court restructurings
Foreclosures
Assignments for the benefit of creditors (ABC)
Related disputes and litigation
Kim’s clients range from name-brand global companies to Silicon Valley startups in a diverse range of industries. She leverages excellent problem-solving skills and Latham’s global platform to help clients develop comprehensive plans to restructure and resolve distressed situations. She frequently handles matters in all of the major US jurisdictions, including Delaware, New York, and Texas.
Kim is a fellow in the prestigious American College of Bankruptcy, and regularly speaks and writes about restructuring issues, including in the ABI Law Review.
Experience
Kim’s representative client work includes:
Debtor Representations:
Chapter 11 Reorganizations
Barretts Minerals Inc., a talc manufacturer (Texas)
Illinois Power Generating Company (Texas)
Imerys, a talc manufacturer (Delaware)
Spansion, a flash memory manufacturer (Delaware)
Chapter 11 Liquidations
BIND Therapeutics (Delaware)
Boston Generating, a wholesale power company (Southern District of New York)
Consolidated Freightways, a trucking company (Central District of California)
Rentech, a wood fibre processing company (Delaware)
Creditor Representations:
Athene Annuity and Life Insurance Company as a secured lender in the chapter 11 bankruptcy proceeding of TAWK Development in Nevada
Bank of America as a secured lender in the chapter 11 bankruptcy proceeding of Fleetwood Enterprises in California
Chambers Energy Management as a secured lender in the Pyote Water Solutions receivership in Texas
GR Match as a first lien lender in the Chapter 11 proceeding filed by CyberDefender Corporation in Delaware
JP Morgan Chase Bank as a secured lender in the chapter 11 bankruptcy proceeding of Sorenson Communications in New York
The Oversight Committee in SNTL’s chapter 11 bankruptcy proceeding filed in the Central District of California
Bankruptcy-related Litigation Representations:
First Look Home Entertainment in a successor liability litigation brought by a creditor of an entity that — through an ABC — assigned all of its assets to an assignee, which then sold the assets to First Look
Heritage Partners and its affiliated funds, officers, and directors in breach of fiduciary duty litigation initiated by the Trustee in APX Holdings’ chapter 7 bankruptcy proceeding
Pacificor in an adversary proceeding for aiding and abetting breach of fiduciary duty initiated by a class of investors in certain debtors in the jointly administered chapter 11 proceedings of the funds of Quality Home Loans
XRoads as a creditor in the chapter 11 bankruptcy proceeding of AMERCO, filed in Nevada
Assignment for the Benefit of Creditors (ABC) Representations:
Development Specialists as the assignee in assignments made by Uncle Milton Industries, Roger Garments, Romic Environmental Technologies, and Anki
Lenders in assignments made by Vixlet, Cohera Medical, and Scaled Inference
SolFocus, a photovoltaic firm, in its ABC proceeding in California
Stion, a solar film manufacturer, in its ABC proceeding in California
SVTC Technologies, a semiconductor services company, in an asset sale and an ABC proceeding in California
Qualifications
Bar Qualification
California
Education
JD, University of California, Berkeley, School of Law, 2002
Multidisciplinary team represents the oncology company on one of the largest royalty, structured debt, growth financing, and private capital financings in the life sciences space.
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