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Donald R. Kirk

Donald R. Kirk

Shareholder

Overview

Donald Kirk represents clients in high-value bankruptcy matters, financial restructurings, and commercial litigation. He represents secured lenders, purchasers of assets from troubled companies, debtors, fiduciaries, creditors' committees and other stakeholders in multi-party disputes and reorganizations.

Donald also represents officers and directors of public, private, and not-for-profit companies, counseling them as financial concerns arise, in litigation involving breaches of fiduciary duty, and concerning governmental investigations. He has discreetly and successfully negotiated resolutions for his clients, typically involving permanent relief from future claims.

Donald provides guidance on ways to identify and mitigate bankruptcy risk, and works with clients on both in-court and out-of-court debt restructurings. He has handled matters in numerous state and federal courts, including those in Delaware, New York, California, Georgia, Pennsylvania, and Massachusetts.

Donald is board certified by the American Board of Certification in Business Bankruptcy Law. He is the former president of the Tampa Bay Bankruptcy Bar Association. As co-chair of The Florida Bar Proceeding Supplementary Task Force, he and his team revised and updated Florida’s law on judgment execution law. He also chaired the ABA's Business Bankruptcy Task Force to draft the Model Asset Purchase Agreement for bankruptcy sales.

Chambers USA, a leading guide to the legal profession, noted that he "is very experienced in a wide variety of representations and a wide variety of cases. He's very bright, very capable, and does a good job across the board."

Donald is the bankruptcy and creditors' rights national practice group leader, the national trial practice group co-leader, and the Tampa National Trial Manager.

Experience

Representative Experience

  • Lead counsel to assignee of Butler & Hosch law firm and its 15 affiliated entities, overseeing the liquidation of one of the nation's largest foreclosure law firms. The case involved complex consumer privacy issues and asserted claims of nearly $100 million.
  • Defended board of well-known not-for-profit against claims of breaches of fiduciary duties.
  • Defended six former officers of bankrupt public aviation company (Avantair) against claims exceeding several hundred million dollars.
  • Represented secured lender in restructure of $200 million in loans to significant commercial real estate developer.
  • Represented debtor in confirmed Chapter 11 case for 18-store Church's Chicken franchisee (Quick Service Foods - 08-02797).
  • Represented the unsecured creditors committee and, post-confirmation, the liquidation trustee in the Tropical Sportswear Inc., et. al. Chapter 11 cases (Lead Case No. 04-24134). The case involved the $88.5 million sale of assets to Perry Ellis International.
  • Represented the ad hoc committee of 11% senior secured noteholders and certain of those noteholders providing DIP financing in the Anchor Glass Container Corporation Chapter 11 proceeding (Case No. 05-15606). The bondholders (approximately $350 million) became the owners of the reorganized company.
  • Represented the general partner in the Kaiser Aluminum Corp, et al. Chapter 11 proceedings in the District of Delaware wherein we preserved a right of first refusal relating to the auction of a $331 million partnership interest.
  • Represented a national financing company and plan proponent in the Optical Technologies, et al. Chapter 11 cases (Recomm) (Lead Case No. 96-00805). The client financed thousands of equipment leases pre-petition and provided post-petition financing. We have continued to represent the financing entity post-confirmation in liquidating their portfolio.
  • Represented Chapter 11 trustee in Premier Mortgage Funding, Inc. Chapter 11 case (07-5713).

Significant Reported Decisions

  • Wells Fargo Equip. Finance v. Bacjet, 221 So. 3d 671 (Fla. 4th DCA 2017).
  • In re: Petroforte Brasileiro de Petroleo Ltda., 530 B.R. 503 (Bankr. M.D. Fla. 2015).
  • Republic Credit Corp. I v. Upshaw, 10 So. 3d 1103 (Fla. 4th DCA 2009).
  • In re Wingate, 377 B.R. 687 (Bankr. M.D. Fla. 2006).
  • In re J & D Sciences, Inc., 335 B.R. 79, (Bankr. M.D. Fla. Jan 03, 2006).
  • In re Unger, 333 B.R. 461 (Bankr. M.D. Fla. 2005).
  • In re TSLC I, Inc., 332 B.R. 476 (Bankr. M.D. Fla. Nov 01, 2005).
  • In re Unger, 333 B.R. 461 (Bankr. M.D. Fla. Sep 21, 2005).
  • In re Fultonville Metal Products Co., 330 B.R. 305 (Bankr. M.D. Fla. Sep 15, 2005).
  • In re Eigsti, 323 B.R. 778 (Bankr. M.D. Fla. Feb 24, 2005).
  • In re Tropical Sportswear Int'l Corp., 320 B.R. 15 (Bankr. M.D. Fla. Jan 28, 2005).
  • Ferguson v. Credit Management Control, Inc., 140 F. Supp. 2d 1293 (M.D. Fla. Mar 23, 2001).
  • In re Alvarez, 224 F.3d 1273 (11th Cir. 2000).
  • Gill v. Kostroff, 82 F. Supp. 2d 135 (M.D. Fla. Feb 08, 2000).

All Insights




















Recognition

  • AV Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Commercial Litigation (2010-2019)
  • Board Certified by the American Board of Certification in Business Bankruptcy Law
  • Listed in Chambers USA Guide to America’s Leading Business Lawyers , Bankruptcy (2010-2017)
  • Selected for inclusion in Florida Trend's Florida Legal Elite, ranked in the top 2% of practicing Florida Bar Members (2009-2018)
  • Listed as a "Up & Comer" in Florida Trend's Florida Legal Elite (2006-2007)
  • Listed in Florida Super Lawyers (2008-2018)
  • Listed in Florida Super Lawyers' Top 100 (2011-2017)
  • Listed in Florida Super Lawyers' Top 50 Tampa (2013-2017)

Professional & Community Involvement

  • American Bankruptcy Institute 
  • American Bar Association
    • Vice-Chair, Business Law Section’s Publications Board (2017) 
    • Business Law Section, Business Bankruptcy Committee 
    • Chair, Use and Disposition of Property Subcommittee (2011-2013)
    • Executory Contracts Subcommittee (2013-2014)
    • Membership Sub Committee (2014-2016)
    • Chair, Model Bankruptcy APA Task Force (2011-2016)
    • Corporate Governance Committee (2017-Present)
  • Asian Pacific American Bar Association of Tampa Bay
  • The Florida Bar
    • Business Law Section
    • Receivership Study Group (2010)
    • Chair, Proceeding Supplementary Task Force (2013-2016)
  • Greater Tampa Chamber of Commerce
    • Leadership Tampa Alumni Board of Advisors (2013)
    • Leadership Tampa, Class of 2007
  • Hillsborough County Bar Associate
    • Board of Directors, Trial Lawyers Section (1999)
  • Tampa Bay Bankruptcy Bar Association
    • President (2008-2009)
    • Board of Directors (2002-2007)
  • Tampa Hillsborough Economic Development Corporation
    • Financial Services and Cross Business Functions Task Force (2012-2014)
  • U.S. Bankruptcy Court Middle District of Florida
    • Local Rules Committee (2007-2017)
    • Chair (2014-2017)
  • Children's Dream Fund 
    • President (2001-2006)
    • Board of Directors (2009-2012)

Speaking Engagements

  • "Bankruptcy and Restructuring Hot Topics," TMA Annual Meetings, Toronto (September 30, 2014)
  • "A Potpourri of Current Problems in Restructuring," 2014 Alexander L. Paskay Memorial Bankruptcy Seminar, Tampa, FL (March 2014)
  • “Hot Topics Related to Use & Disposition of Property: Efficient Exits from Bankruptcy; Credit Bidding in Light of RadLAX; and ABA Model Bankruptcy APA,” American Bar Association – Business Bankruptcy Fall Committee Meeting, San Diego (October 2012)
  • “Anatomy of a Workout," Florida Bar Annual Meeting, Orlando, FL (June 2012)
  • “All You Could Ever Want to Know About the Receivership Process,” ICSC Tampa Next Generation, Tampa, FL (October 2010)
  • “What Happens When a Bank Fails?” Washington (October 2010)
  • “Global Navigation Through the Uncertainties of Insolvency and Restructuring – Distressed M&A Issues,” Hong Kong (November 2009)
  • “New Solutions for Lenders to Know,” Jacksonville, FL (March 2009)
  • “Subprime Mortgage Meltdown – Lawsuits, Defenses, Strategies, and Best Practices,” Mexico City (September 2007)

Credentials

Education
  • University of Florida College of Law (J.D., with high honors, 1996)
    • Order of the Coif
  • University of Florida (B.A., 1993)
Bar Admissions
  • Florida
Board Certifications
  • Business Bankruptcy
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Shareholder, Fowler White Boggs, Tampa, FL
     

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.