Karen Lee “Kitt” Turner

Special Counsel

Overview

Kitt Turner has 30 years of experience in all aspects of bankruptcy, insolvency, and restructuring, including debtor/creditor relations in state and federal proceedings, banking, commercial law, commercial litigation, lender liability, workouts, foreclosures, and receiverships and restructurings.

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 on 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.
  • Represent banks and buyers of distressed debt in workout, foreclosure, and receivership matters.
  • Advised firm clients on bankruptcy and fraudulent transfer implications of transactions and restructurings and fiduciary duties of officers and directors.
  • Provide non-consolidation and other specialized opinions.
  • 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.
  • 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 a major bank when it was sued on allegations that it was responsible for claims against its borrower under control liability theories.
  • 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, in Chapter 11s nationwide.
  • Represented a former CEO of a major debtor on whether employment contract claims were discharged by the bankruptcy.
  • 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 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

Awards and Recognition:

  • Selected for inclusion in Pennsylvania Super Lawyers
  • Selected for inclusion in Chambers USA America’s Leading Lawyers in Business for Bankruptcy/Restructuring
  • Attained an AV® Preeminent™ rating from Martindale-Hubbell
  • Among the group of winners of the Refinancing Deal of the Year Award at the 9th Annual M&A Advisor Turnaround Awards, 2014

News and Insights

Publications

  • “Renewable energy – How to survive the storm clouds?” co-authored, Eckert Seamans’ Legal Update, Fall 2012.
  • “Bankruptcy: What should I be doing now?” Eckert Seamans’ Legal Update, Spring 2009.
  • “Prepackaged and Pre-arranged Bankruptcies,” Business Credit, July/August 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.
  • “Bankruptcy and Intellectual Property Licenses,” Legal Intelligencer, March 2006.

Legal Updates

Speaking Engagements

  • “Polar Vortex Regulatory Aftershocks & Protecting Your Business in the Event of a Customer Bankruptcy,” co-presented, Eckert Seamans’ Business of Selling Electricity audio conference, December 2014.
  • “Principles of Bankruptcy Law for Non-Bankruptcy Litigators: Practice Tips and Pitfalls for the Unwary,” Philadelphia Bar Association Business Litigation Committee Meeting, December 2012.
  • “What to Do When Your Client’s Been Sued by a U.S. Insolvency Fiduciary,” SCG Legal, October 2012.
  • “Issues for Directors, Officers and Their Attorneys,” Pennsylvania Bar Institute (PBI) Insurance Institute, June 2012.
  • “Bankruptcy Basics – An Overview of the Fundamentals of Bankruptcy Law,” West Shore CPA Association, October 2010.
  • Business Law Institute, November 2009.
  • “Municipal Bankruptcy,” State Capital Law Group, October 2009.
  • “Advising Troubled Companies,” course planner, PBI, September 2008; September 2009.
  • “Top Ten Commercial Cases,” PBI, September 2009.