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, and commercial foreclosures and asset sales. He regularly represents both borrowers and secured and unsecured lenders 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 work also includes the representation and enforcement of rights of secured and unsecured creditors in bankruptcy cases across the country, as well as litigation with respect to debtor-creditor relations, including preference suits, fraudulent transfer liability, and stay relief. In addition, Mr. Kuhn regularly advises corporate officers and directors regarding fiduciary duties in situations of financial distress.

Select Representations

• Counsel to debtors in successful chapter 11 sale of large rose and plant grower in Delaware bankruptcy court
• Counsel to debtors in all 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
• Counsel to lender in Missouri receivership proceeding involving the sale of borrower’s hotel property
• Counsel to debtor in pre-packaged chapter 11 bankruptcy proceeding in Southern District of New York bankruptcy court involving approximately $62 million real estate sale
• Counsel to defendant in successful resolution of preference litigation involving claims in excess of $25 million in bankruptcy proceeding
• Counsel to lender in connection with successful Article 9 foreclosure sales of various equipment and other personal property
• Counsel for movant in prosecution of motion for relief from automatic stay relating to multi-million-dollar intellectual property litigation against debtor

Bar and Court Admissions

Missouri, 2001

United States Court of Appeals for the Eighth Circuit

United States District Courts for the Eastern District of Missouri and Central and Southern Districts of Illinois

Education

Vanderbilt University, J.D., Order of the Coif, 2001

University of Missouri, B.S.B.A., summa cum laude, 1998

Speeches and Seminars

• “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

Professional Affiliations

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

Civic Involvement and Honors

• Missouri/Kansas Super Lawyers, "Rising Stars," 2009, 2011-2012