KYUNG S. LEE. Partner. (713)

Transcription

1 KYUNG S. LEE Partner (713) Location Houston, Texas Education Duke Law School (J.D., 1984) Fuqua School of Business at Duke University (M.B.A., 1999) Duke University (B.A. in Economics and Political Science, 1980) Areas of Practice: Business Insolvency & Restructuring Complex & High-Stakes Litigation Financial Institution Litigation Admitted to Practice: New York Texas Kyung S. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's counsel for companies in the airline, real estate, oil and gas, communications, health care, distribution, manufacturing and convenience store industries. He has also represented lenders, creditors, creditors' committees and investors involved in workouts and Chapter 11 reorganizations as well as litigating on behalf of the various parties. He has extensive experience working closely with senior management and financial advisors on valuation of enterprises and assets and development of turnaround and restructuring business plans. Representative Cases Client partner and lead litigation counsel in representing purchaser of chemical refinery in the Dome Hydrocarbon bankruptcy case. Client partner for Chapter 7 Trustee of ATP Oil & Gas Company. Client partner for Chapter 7 Trustee of Investment Pool partnership allegedly engaged in fraud and breach of fiduciary duty. Client partner and lead restructuring counsel for United States subsidiary of a Chinese drilling rig conglomerate with an adverse $15,000,000 arbitration award. Client partner and lead litigation counsel defending real estate developer with claims by the Homeowners Association for failure to install appropriate sidewalks during development of gated community. Client partner and lead negotiator of a complex apartment real estate partnership against claims by limited partners for return of investment in a suit filed in Pikeville, Kentucky. Engagement and client partner for a large paper and plastic bag manufacturer to act as outside counsel to assist the general counsel on renewals and refinancing of working capital lines. Primary outside insolvency litigation counsel for independent oil and gas producer. Lead litigation counsel for creditor objecting to the allowance of Chapter 7 Trustee s special counsel contingency fees.

2 2012 Lead counsel representing limited partners of 475-acre residential community development in connection with strategy, negotiation and confirmation of a stand-alone Chapter 11 plan of reorganization. Lead counsel representing the largest independent doctor clinic in Woodlands, Texas in financial restructuring prior to and during its Chapter 11 case. Lead counsel representing world s largest soft drink maker in connection with the financial restructuring of Mexican bottler Vitro S.A.B. and its affiliates in the United States bankruptcy court. Lead counsel for independent oil and gas company responsible for defending and resolving $160,000,000 fraudulent transfer claims asserted by Chapter 11 debtor Delta Petroleum, Inc. and its affiliates. Represented The Official Committee of Equity Holders in the ATP Oil & Gas Chapter 11 case. Lead bankruptcy counsel advising paper bag manufacturer in connection with personal injury claims potentially exceeding insurance limits Represented The Official Committee of Unsecured Creditors in the Chapter 11 Case of The Millennium Welfare Benefit Plan in Oklahoma City, Oklahoma. Represented Chapter 7 trustee in Southern District of Texas on various complex Chapter 7 matters Represented acre Corpus Christi residential development in connection with its debt restructuring and Chapter 11. Represented Class A apartment project partnership in successful restructuring of $200,000,000 of senior debt in its Chapter 11. Undertook book report investigation of claims available to Chapter 7 Trustee against owners and affiliates of Houston homebuilder. Represented the Chapter 7 Trustee of Endoscopy Centers of Las Vegas on strategy issues relating to plan of reorganization and mediation of claims with primary insurance company Represented foreign bank in dispute with members of the syndicated bank group and ethanol plant borrower over bank s claims and alleged failure to fund under credit agreement. Represented hedge fund and trustees of hedge fund in connection with recovering loan to a hedge fund in connection with recovering loan to a major antiquities dealer. Represented involuntary petitioning creditors against owner of rail yard in Pasadena, Texas Represented Chapter 7 Trustee in multi-defendant adversary proceeding to recover assets for the estate based on theories of fraudulent conveyance, alter ego, single business enterprise and breach of fiduciary duties. Served as co-counsel for Chapter 11 of single purpose entity owner of 200,000

3 acres of Redwood forest located in Scotia, California Represented State of Montana in the ASARCO bankruptcy case relating to the resolution of objections to the contingent proof of claim for environmental damages. Represented Border Foods, Inc., largest chili pepper grower and canner, in connection with out-of-court restructuring with its secured lenders Investigated and analyzed claims for Chapter 7 Trustee in connection with recovering assets transferred from U.S. real estate partnerships to affiliated entities in Hong Kong, China and Australia. Represented Committee of Unsecured Creditors in the Sola Communications bankruptcy case in Lafayette, Louisiana Served as lead partner for Dinastia L.P., Dinastia International Corp., Dinamex, Inc., and Patal Investments L.P. in their jointly administered Chapter 11 bankruptcy cases were and confirmed a pre-packaged plan within 4 months of filing the case and restructuring with World Bank & foreign creditors. Served as lead partner representing a major lender in the M&M Katz, Inc. Chapter 11 bankruptcy case, which resulted in a successful confirmation of a debtor proposed plan and releases of claims against the lender Served as lead partner for Advantage Investors Mortgage Corporation in its Chapter 11 bankruptcy case, confirming a plan within 3 months of filing Chapter 11 and resolving claims against the parent company. Served as lead partner for AFG Pacific Properties, Inc. in its Chapter 11 bankruptcy case, which required the refinancing of $20 million of real estate during the 6-month bankruptcy case. Century Care of America, Inc. Chapter 11 case, with the Bankruptcy Court confirming a Joint Plan, allowing for unsecured creditors to obtain recoveries from assets carved out to them under the consensual plan. Represented Talent Tree, Inc., et al. in the successful restructuring and sale of all assets, which included providing advice to the company's management in its negotiations with the prospective foreign purchaser and the senior lenders Served as lead partner for Mustang Athletic Corp. in its Chapter 11 bankruptcy case, in which the debtor was able to confirm a single asset real estate plan, after mediation with the major insurance lender. Served as lead partner for Consolidated Roofing & Waterproofing, Inc. and its seven subsidiaries in their jointly administered Chapter 11 bankruptcy cases, culminating in the sale of 5 of the roll up companies back to the founders and satisfaction of creditor claims by the founders. Served as lead partner for Coraza Holding Corporation and its four operating subsidiaries in their jointly administered Chapter 11 bankruptcy cases, which

4 required the debtor to maximize values through separate sales of divisions when the pre-packaged stalking horse transaction could not be consummated in Chapter Logix Communications Corporation Chapter 11 case, which resulted in constituents receiving a dividend approximating 95%, as compared to plan projections of 35%, by virtue of claim management and litigation Kitty Hawk Chapter 11 cases. Served as counsel to the Chapter 7 Trustee of Precept Business Services, Inc., et al. Advised various parties in the Enron bankruptcy cases. Served as counsel for Consolidated Equipment Company, Inc., Con-Equip, Inc., and Owsley & Sons, Inc. in their bankruptcy cases. Advised and represented Northwest Airlines, Inc. and Mercury Air Group, Inc. in the Kitty Hawk Chapter 11 cases. Advised Chief Restructuring Officer of FirstPlus Financial, Inc., a $6 billion HLTV lender in Chapter 11, including evaluating negotiating strategy with senior lenders on treatment of debt secured by residuals, working with financial consultants on enterprise and debt values and formulating plan of reorganization to repay creditors. Successfully defended Northwest Airlines, Inc. in $30 million adversary proceeding brought by regional carriers, Precision Valley Aviation, Inc. and Northeast Express Regional Airways, Inc. Represented crisis manager of real estate partnerships in litigation against foreign entities and individuals on behalf of European investors. Represented private buyout firm seeking to acquire public water utility using distressed debt. Represented Quality Beverage Company, Texas' then-largest alcohol and spirits distributor, in negotiations with creditors and in its Chapter 11. Represented Puerto Rico Ports Authority on restructuring of agency's rates and tariff structure with airlines. Represented Northwest Airlines, Inc. in connection with preparing anticipatory Chapter 11 filing in both 1993 and Represented IXC Communications, Inc. in successful two-year debt workout with $200 million senior bank group, $100 million Prudential subordinated debt and $100 million equipment lessor debt. All of the cases presented complex financial restructuring issues, involved sensitive negotiations and required the implementation of innovative business strategies. Kyung received his Bachelor of Arts' degree in Political Science and Economics in 1980 from Duke University, graduating magna cum laude. He completed course work for M.A. in Political Science in 1981 at Duke Graduate School. He then received his law degree from Duke Law School in Kyung received his Master of Business Administration from Fuqua School of Business at Duke University in 1999.

5 Kyung is a member of the Texas and New York Bars. Awards / Honors Recipient of 2018 AV Preeminent Rating from Martindale-Hubbell Selected to Super Lawyers: