Most of KTBS' debtor and creditor representations never lead to chapter 11 or become a matter of public record, but rather are successfully resolved on a confidential, out-of-court basis. KTBS' intimate familiarity with the chapter 11 process--the drawbacks, the benefits, and the likely outcomes--makes KTBS uniquely suited to evaluate, structure, and implement out-of-court solutions. Over the last decade, KTBS has structured numerous successful out-of-court resolutions using a variety of strategies, including debt issuances and exchanges, credit facility amendments, inter-creditor first and second lien agreements, "Dutch auctions" for senior and junior debt positions, recapitalizations, and asset sale transactions. These transactions have occurred in a variety of industries, including agricultural, energy, entertainment, gaming, hospitality, health care, manufacturing, real estate, retail, service and technology industries. KTBS has developed a wide reputation in the legal and financial community for successfully structuring and accomplishing these out-of-court transactions, which avoid the cost, delay, and risk inherent in chapter 11 filings.

Recent News

KTBS in the News  |  Oct 2021

ABI Announces 2021 “40 under 40” Emerging Leaders in Insolvency Practice

Alexandria, Va.— ABI announces the honorees of its 2021 “40 Under 40” initiative, which identifies 40 top industry professionals under age 40. The honorees will be recognized at a special ceremony to be held on Dec. 10 at ABI’s 2021 Winter Leadership Conference at Terranea Resort in Rancho Palos Verdes,…

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Publications  |  Mar 2021

Case Alert – GLM v. Windstream: Second Circuit Issues Expansive Equitable Mootness Opinion in Denying Critical Vendor Appeal

This case alert by KTBS partner Jonathan Weiss addresses an important recent decision by the United States Court of Appeals for the Second Circuit in the Windstream Holdings bankruptcy cases in which the Second Circuit dismissed a creditor’s appeal of an order approving critical vendor payments on the basis that…

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Practices