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.
Ms. Posin 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
Ms. Posin’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.
She regularly speaks and writes about restructuring issues, including in the ABI Law Review.
Ms. Posin’s representative client work includes:
Debtor Representations:
Chapter 11 Reorganizations
- 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