Kim Posin is a partner in the Los Angeles office of Latham & Watkins and is a member of the Finance Department and the Restructuring & Special Situations Practice.
Ms. Posin focuses on representing corporate debtors, secured lenders, creditors, and other interested parties in all aspects of chapter 11 bankruptcy proceedings, out of court restructurings, foreclosures, and assignments for the benefit of creditors.
Webcasts
- "Assignments for the Benefit of Creditors and Other Restructuring Alternatives," Expert Webcast, 2017
- "Nuts and Bolts of Commercial Bankruptcy for Non-Bankruptcy Practitioners and General Counsel," Expert Webcast, 2017
- "Maximizing Value for Distressed Venture Companies," Expert Webcast, 2016
- "Intellectual Property Issues in Bankruptcy," Expert Webcast, 2016
- "Out-of-Court Restructuring Alternatives," Expert Webcast, 2016
Ms. Posin’s recent representations include the following:
Debtor Representations:
- Wood fibre processing company Rentech, Inc. in its liquidating chapter 11 bankruptcy proceeding in Delaware
- Power generator Illinois Power Generating Company in its chapter 11 bankruptcy proceeding in Houston, Texas
- Biotech company BIND Therapeutics, Inc. in its chapter 11 bankruptcy proceeding in Delaware, including the sale of all of its assets
- Wholesale power generation company Boston Generating, LLC in its chapter 11 bankruptcy proceeding in New York
- Flash memory manufacturer Spansion Inc. in its chapter 11 bankruptcy proceeding in Delaware
- Trucking company Consolidated Freightways in its chapter 11 bankruptcy proceeding in California
Creditor Representations:
- Secured lender Chambers Energy Management in the Pyote Water Solutions receivership pending in Texas
- Secured lender JP Morgan Chase Bank in the chapter 11 bankruptcy proceeding of Sorenson Communications in New York
- Secured lender Athene Annuity and Life Insurance Company in the chapter 11 bankruptcy proceeding of TAWK Development in Nevada
- Secured lender Bank of America in the chapter 11 bankruptcy proceeding of Fleetwood Enterprises in California
- First lien lender GR Match, LLC in the chapter 11 bankruptcy proceeding filed by CyberDefender Corporation in Delaware
- The Oversight Committee in SNTL Corporation’s chapter 11 bankruptcy proceeding in California
- Creditor The Enthusiast Network in the chapter 11 bankruptcy proceeding of Source Interlink Distribution in Delaware
- Creditor Skullcandy in a preference action asserted by the trustee in the RadioShack bankruptcy proceeding in Delaware
Bankruptcy Litigation Representations:
- Creditor XRoads in the chapter 11 bankruptcy proceeding of AMERCO filed in Nevada
Bankruptcy-related Litigation Representations:
- Heritage Partners and its affiliated funds, officers and directors in breach of fiduciary duty litigation initiated by the Trustee in APX Holdings, Inc.’s chapter 7 bankruptcy proceeding
- Pacificor, LLC 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
- First Look Home Entertainment, Inc. in a successor liability litigation brought by a creditor of an entity that assigned all of its assets to an assignee through an assignment for the benefit of creditors, which then sold the assets to First Look
Assignment for the Benefit of Creditors Representations:
- Assignee Development Specialists Inc. in assignments by Uncle Milton Industries, Roger Garments, and Romic Environmental Technologies
- Leading manufacturer of high-efficiency thin-film solar modules Stion in its assignment for the benefit of creditors proceeding in California
- Photovoltaic firm SolFocus in its assignment for the benefit of creditors proceeding in California
- Technology services company SVTC Technologies, which provided development and commercialization services for semiconductor process-based technologies and products, in an asset sale and an assignment for the benefit of creditors proceeding in California