Cullen Kuhn’s practice includes a wide range of issues related to distressed businesses and financial restructurings, including reorganizations and liquidations under chapter 11 of the Bankruptcy Code, debtor-in-possession financing, out-of-court workouts, receiverships, commercial foreclosures involving both real and personal property, asset sales both in and outside bankruptcy, and enforcement of creditors’ claims. He regularly represents borrowers and secured and unsecured lenders as well as trade and other creditors in all types of insolvency matters, including litigation in federal and state courts and related appeals.

Mr. Kuhn has served as counsel to large chapter 11 debtors in various jurisdictions, including both pre-packaged and pre-arranged bankruptcy filings. His nationwide practice also includes representing banks, non-traditional lenders and funds, public and private corporations, and trade creditors in bankruptcy cases across the country, as well as in litigation related to debtor-creditor disputes, preference suits, fraudulent transfer cases, and stay relief in bankruptcy. In addition, he regularly counsels corporate officers and directors regarding fiduciary duties in situations of financial distress and advises banks and other secured lenders on issues related to lender liability and best practices.

Civic Involvement & Honors

    • United Way of Greater St. Louis, Men’s Leadership Society, Cabinet Member, 2015- 2017
    • Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011-2016
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013-2015
    • Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011-2016
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013-2015
    • United Way of Greater St. Louis, Young Leadership Society, Cabinet Member, 2013-2015
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Professional Affiliations

    • American Bankruptcy Institute
    • American Bar Association
    • Bar Association of Metropolitan St. Louis
    • American Bar Association
    • Bar Association of Metropolitan St. Louis
    • Bar Association of Metropolitan St. Louis
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Representative Experience

  • Represented debtors in all operational aspects of successful chapter 11 reorganization of outsourcing and collection services company in Eastern District of Missouri bankruptcy court involving over $470 million in secured debt
  • Defended creditor client in successful resolution of preference litigation involving claims exceeding $25 million
  • Obtained appointment of receiver over borrower’s hotel property for secured lender in Missouri, resulting in the successful sale of hotel
  • Completed chapter 11 sale of large rose and plant grower in Delaware bankruptcy court as debtors’ counsel
  • Regularly represent trade creditors in bankruptcy cases, including assertion of claims and defense of avoidance actions
  • Represented bank client in multi-million-dollar deed-in-lieu transfer of real property and related settlement of claims
  • Obtained relief from automatic stay in bankruptcy for creditor clients, including with respect to pursuit of litigation claims
  • Represented debtor in pre-packaged chapter 11 bankruptcy proceeding in Southern District of New York bankruptcy court involving approximately $62 million real estate sale
  • Assisted various lenders with Article 9 foreclosure sales of equipment and other personal property
  • Coordinated various commercial real property foreclosures
  • Assisted corporate clients in connection with asset purchases from bankruptcy estates

Publications

"Agreements to Forbear: Navigating Loan Enforcement and Liability in Times of Trouble," The Show-Me Banker, May 2016

Speaking Engagements

  • Panelist, "Legal Eagles," Missouri Independent Bankers Association Annual Conference, September 14
  • “Bankruptcy:  By An Institute And By An Institute Member,” Resource Center for Religious Institutes National Conference, November 2011
  • “Preference Liability: A Credit Manager’s Worst Nightmare?” National Apparel and Footwear Credit Association, November 2004