Kit Weitnauer has represented parties in interest in major Chapter 11 cases, including Residential Capital, Taylor Bean & Whitaker, Spectrum Brands, Lehman Brothers, IndyMac Bancorp and Enron.
In 2006, he was the plaintiff’s trial counsel in a five-week jury trial in Oregon (with co-counsel from Oregon) that resulted in a jury verdict that (i) found that over $965 million in transfers were made with the actual intent to hinder, delay or defraud his client and (ii) awarded $350 million in punitive damages to his client. According to The National Law Journal, this was the largest verdict of 2006.
He is a Fellow in the American College of Bankruptcy.
He was named the Atlanta Litigation - Bankruptcy "Lawyer of the Year" by Best Lawyers in America for 2014. He has been listed in The Best Lawyers in America reference book since 1996 and profiled in Chambers USA: America’s Leading Lawyers for Business in the field of Bankruptcy/Restructuring since 2007. He is the author of The Bankruptcy Court’s Watchdog: The Appointment, Role and Power of Examiners Today, published in 2011; the co-author of Business Valuation and Bankruptcy, published in 2009; and a co-author of Problem Loan Strategies. He is a contributing editor of two bankruptcy treatises, Norton Bankruptcy Law and Practice and the Bankruptcy Litigation Manual. He is a frequent speaker on bankruptcy topics.
- Represents major national bank in its roles as Trustee or Master Servicer of hundreds of trusts having RMBS “rep and warranty” claims in the Residential Capital LLC bankruptcy, including as trial counsel in a major contested matter in the case.
- Trial counsel representing several defendants in a multi-million dollar fraudulent transfer case pending in a bankruptcy court in Florida.
- Represented major national bank in its role as Master Servicer of 12 Trusts holding $3.9 billion in assets, in the Taylor, Bean and Whitaker Corp. bankruptcy.
- Lead trial counsel to the Official Committee of Equity Security Holders in the contested plan confirmation hearing in the Spectrum Brands Chapter 11 case.
- Represented a special committee of a board of directors with respect to restructuring matters.
- Represented two shareholders/creditors in a holding company bankruptcy filed in Delaware.
- Represents various clients with various issues (swaps, swap terminations, structured finance deals, among others) in connection with the Lehman Brothers’ bankruptcies.
- Plaintiffs’ trial counsel (together with Oregon co-counsel) in a complex fraudulent transfer case, which resulted in a December 2006 jury verdict that (i) approximately $1 billion in assets had been transferred with actual intent to hinder, delay or defraud the plaintiffs and (ii) awarded the plaintiffs $350 million in punitive damages.
- Counsel for the debtor in possession in the cases of: Scovill Fasteners, Inc. (Section 363 sale); Galey & Lord, Inc. (Section 363 sale concluded in three months); Sports Court, Inc. and American Athletic, Inc. (Section 363 sales of two related companies concluded in two months); KinderCare Learning Centers, Inc. (pre-arranged plan for $600 million in debt confirmed within several months after filing); and Cajun Electric Power Cooperative ($5 billion restructuring with the REA).
- Special counsel to First American Healthcare (honored as the “Turnaround of the Year” by the Atlanta chapter of the Turnaround Management Association).
- Represented secured creditors and creditors’ committees.
- Represented the Examiner in both the Enron and the Southmark bankruptcy cases. In the Enron Examination he was the author of “Legal Standards” contained in the Examiner’s reports and also served as the reporter for the “Role of Enron’s Attorneys” and was one of the two reporters for the “Role of JPMorganChase.”
Twenty-one Alston & Bird practices have been listed in the 2014 Chambers USA: America’s Leading Lawyers for Business. These include Antitrust; Banking & Finance; Bankruptcy/Restructuring; Construction; Corporate/M&A; Employee Benefits & Executive Compensation; Energy; Environment; ERISA Litigation; Government: Government Relations; Healthcare; Immigration; Intellectual Property; International Trade; Labor & Employment; Litigation: General Commercial, including White-Collar and Securities Litigation; Outsourcing; Privacy & Data Security; Real Estate; REITs; and Tax.
May 23, 2014
In the Press
One hundred and forty-four Alston & Bird attorneys have been selected for inclusion in the 2014 edition of The Best Lawyers in America. In addition, 17 Alston & Bird attorneys were named “Lawyer of the Year” by the publication.
August 15, 2013
In the Press
Twenty-one Alston & Bird practices have been listed in the 2013 Chambers USA: America’s Leading Lawyers for Business. These include Antitrust; Banking & Finance; Bankruptcy/Restructuring; Capital Markets: REITs; Construction; Corporate/M&A; Energy; Employee Benefits & Executive Compensation; Environment; ERISA Litigation; Government: Government Relations; Health Care; Immigration; Intellectual Property; International Trade; Labor & Employment; Litigation: General Commercial, including White-Collar and Securities Litigation; Outsourcing; Privacy & Data Security; Real Estate; Tax.
May 24, 2013
In the Press
One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
A variety of methods may be appropriate, depending on the context, to value contingent or disputed assets or claims in solvency opinions. These include probability discount, hindsight, and traditional valuation of future earnings. Other more novel possibilities are the cost of insurance or Monte Carlo simulation. The authors discuss the cases, and the uses and limitations of the various methods.
The Bankruptcy Court’s Watchdog: The Appointment, Role and Power of Examiners Today, 2011.
"Valuation Questions Raised by the TOUSA Case," American Bankruptcy Institute Journal, March 2010.
Business Valuation and Bankruptcy, John Wiley & Sons, November 2009.
- American Bar Association: Co-Chair, Subcommittee on Bankruptcy Litigation (2013 – present); Chair, Subcommittee on Bankruptcy Committees (2011 – 2013); Chair, Subcommittee on Abuses of the Bankruptcy System (2009 – 2010).
- Turnaround Management Association: Atlanta Chapter, Treasurer 2014, Member of the Board of Directors (2010 - present).
- American Bankruptcy Institute: Member, Advisory Committee (Governance) to the ABI Commission to Study the Reform of Chapter 11 (2012 - present), Associate Editor, ABI Journal (2011 – 2013).