Real Estate: Acquisition, Sale and Leasing

Bankruptcy: Debtor, Creditors’ Committee, Secured Creditor and Landlord Representation

• Ohio, 2001

• U.S.District Court Southern District of Ohio
• U.S. District Court Northern District of Ohio
• U.S. District Court Southern District of Indiana

• Served as a Judicial Extern to the Honorable Sandra S. Beckwith, Judge for the United States District Court for the Southern District of Ohio

• University of Cincinnati College of Law, J.D., 2001
• Order of the Coif
• Corporate Law Fellow, 1999-2001
• Immigration & Nationality Law Review Casenotes and Comments Editor, 2000-2001
  
•   Recipient, William H. Lueders Prize for Wills, 2001
  
•   Recipient, Lawrence Maxwell Award for Advocacy, 1999
• Thomas More College, A.A., 1998, cum laude
• Thomas More College, B.A., 1998, cum laude
  

Kyle focuses his practice in three primary areas:  shopping center/retail development, office, warehouse and industrial real estate, and financial restructuring/bankruptcy.  Kyle has significant experience in all aspects of commercial real estate transactions and chapter 11 bankruptcies and restructurings.  His real estate practice focuses on representing receivers, distressed real estate investors, developers, REITs, landlords, local governments, non-profits, tenants and retailers in all aspects of commercial real estate transactions including the development, acquisition, sale, and leasing of shopping centers, office buildings, warehouses and industrial facilities.  His bankruptcy and restructuring practice includes counseling developers, landlords, lenders, debtors, creditors and creditors' committees in the areas of bankruptcy and financial restructuring primarily representing shopping center landlords in retail bankruptcy cases and bankruptcy litigation throughout the United States.  Kyle often presents on retail bankruptcy topics and has actively participated in most major retail bankruptcy cases over the last six years.

Experience

Real Estate

• Represent REIT in acquisition of 132,000 sf single-tenant office building
• Represent receivers in dispositions and leasing of real estate
• Represent investors in acquisition and leasing of distressed retail and office real estate
• Represent developer in development and leasing of 800,000 sf open air regional shopping center
• Represent developers in acquisitions and leasing of shopping centers throughout the United States
• Represent Fortune 600 company in office and call center leasing
• Represent Fortune 600 company in all aspects of facilities management
• Represent local governments in acquisition, development and sale of real estate
• Represent retailer in disposition of surplus real estate
• Represent developers, landlords, retailers and tenants in leasing disputes
• Represent developers in acquisition, development, sale and leasing of outlots
• Represent non-profit entities in acquisition, development, leasing and sale of real estate
• Represent manufacturer in disposition of brownfield site

Financial Restructuring/Bankruptcy

• Represent owner in single-asset real estate bankruptcy
• Represent shopping center landlords in retail bankruptcy cases throughout the United States including Linens N' Things, Movie Gallery/Hollywood Video, Winn-Dixie, Kmart, Musicland, KB Toys, Friedman's Jewelers, National Dry Cleaners, Eddie Bauer, Footstar, Athlete's Foot, Chi Chi's, Don Pablos, Frank's Nursery & Crafts, Garden Ridge and Leatherland.
• Represent debtors in Chapter 11 reorganizations and liquidations including Horizon Natural Resources Company, Lightyear Holdings, Inc., Och Industries, Inc., The Kruse Company and Kentucky Electric Steel, Inc.
• Represent secured, administrative, priority and unsecured creditors
• Represent creditors' committees
• Assist in SIPC liquidation of securities firm
• Handle all aspects of claims against debtors
• Litigate preference and fraudulent transfer claims
• Litigate lien avoidance claims on behalf of lenders and title companies
• Represent tenant in tenant-in-common (TIC) bankruptcy

Reported Cases

Menninger v. First Franklin Financial Corp. (In re Fryman), 314 B.R. 137 (Bankr. S.D. Ohio 2004)

• Ohio State Bar Association
• Cincinnati Bar Association
• American Bankruptcy Institute, Member
• International Council of Shopping Centers, Member
• NAIOP Commercial Real Estate Development Association, Member

• I’m Interested in Purchasing a Parcel of Real Estate, But the Property Owner Just Filed Bankruptcy. Can I Still Purchase the Property? Is There Anything Special I Need to Do?

Upcoming

• Colerain Township Board of Zoning Appeals, Member
• Cincinnati Habitat for Humanity Property Acquisition Committee
• Cincinnati USA Partnership GrowthForce Committee

Real Estate Law: Advanced Issues and Answers: Credit and Bankruptcy Issues
November 2007

Advanced Bankruptcy Issues: Ohio Collection Law Seminar
March 2004

Ask the Legal Professional: Tenant Bankruptcy and Commercial Landlords
August 2007

Ask the Legal Professional: I’m interested in purchasing a parcel of real estate, but the property owner just filed bankruptcy. Can I still purchase the property? Is there anything special I need to do?
March 25, 2008

Ask the Legal Professional: How can I minimize the impact of retailer bankruptcies and store closings on my shopping center and existing tenants?
November 2008