Firm / Organisation

Keller Benvenutti Kim LLP

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This content is provided by Keller Benvenutti Kim LLP.

Managing Partner: Tobias S Keller
Number of partners: 3
Number of lawyers: 8
Languages: English

Firm Overview:
Keller Benvenutti Kim LLP is a boutique law firm based in San Francisco, California, founded in 2013 by senior bankruptcy lawyers, formerly partners in national and international firms. KBK attorneys represent distressed companies, investors, purchasers, and others in bankruptcy and insolvency-related litigation. The firm’s experience spans a range of business sectors, including technology, biotech, construction, corporate governance, energy, real estate, hospitality, health care, municipal debt, retailers, transportation, telecom,and professional service firms. The firm’s small size and lean staffing model assures KBK clients of the personal attention and active involvement of senior lawyers who relish the role of counsellor, advisor, and advocate in the firm’s fields of expertise.

Main Areas of Practice:

Bankruptcy:

■ PG&E Corporation and Pacific Gas and Electric Company (Bankr. N.D. Cal.). KBK is acting as cocounsel to the PG&E entities with over $60 billion of assets in a complex chapter 11 restructuring
■ New Cal-Neva Lodge (Bankr. D. Nev.). KBK was lead counsel for the chapter 11 debtor, owner of storied Cal-Neva Lodge Resort and Casino on Lake Tahoe, in its successful sale and plan confirmation
■ Delivery Agent (Bankr. D. Del.). KBK acted as lead counsel for e-commerce company chapter 11 case involving divestiture of one business and sale of the core business to its venture lender after auction
■ The Homestead at Whitefish (Bankr. D. Mont.). KBK acted as lead counsel in the successful restructuring of a real estate development in Whitefish, Montana

Distressed M&A:
■ Imperial Toy, LLC. KBK represented the DIP financing and purchase of Imperial Toy
■ Peninsula Airways, Inc. (‘PenAir’). KBK represented Peninsula Aviation Services, Inc. (a subsidiary of Ravn Air Group) in the acquisition of PenAir’s Anchorage, Alaska-based commuter airline out of chapter 11
■ Confidential Nutritional Supplement Manufacturer. KBK represented a confidential nutritional supplement manufacturer in its asset sale to a private equity investor
■ Confidential Vehicle Manufacturer. KBK represented the assignee for the benefit of creditors in the sale of the assets of this vehicle manufacturer
■ Delivery Agent. KBK represented this chapter 11 debtor in the sale of its two businesses out of chapter 11

Restructuring:
■ Stemcells, Inc. KBK represented a publiclytraded biotechnology company in wind-down negotiations and coordination of reverse merger (securities work performed by associated firm)
■ Sanderling Venture Partners. KBK represented Sanderling in connection with its investment in Sotera Wireless in its chapter 11 case, resulting in Sotera’s restructuring and emergence as a dynamic healthcare device manufacturer
■ Confidential Matters. KBK regularly acts as counsel for companies with solvency and liquidity issues (or, on occasion, their owners or managers) in which its clients are never publicly identified or disclosed.
Recent clients are or have been active in the following industries: Alternative Energy Infrastructure, Biotechnology, Construction, Education Technology, Hospitality, Mass Torts/ Asbestos, Professional Services, Technology (Hardware), Technology (Software)
Bankruptcy Litigation:
■ Westford and Epsilon Entities. KBK acted as co-counsel in ‘clawback actions’ brought against these hedge funds in Minnesota (Petters Companies, Inc., demand of $3.2 billion) and New York (Dreier, demand in excess of $200 million)
■ Melting Point Solutions. KBK represented this client through a two-day trial and obtained judgment in the full amount of its claim, with interest and fees
■ Hybrid Tech Holdings, LLC. KBK represented the real party in interest in the Fisker Automotive chapter 11 case on the estate’s liability for alleged priority claims arising out of the Worker Adjustment and Retraining Notification Act and related statutes Counselling to Boards and Independent Directors:
■ Woodbridge Group of Companies (Bankr. D. Del). KBK advised the new board of managers, appointed by bankruptcy court to supervise approximately 500 real estate owning entities, the majority of which were debtors in chapter 11 cases filed to address allegations of investment fraud involving nearly $1 billion. KBK counselled the board on terms of appointment, scope of authority, and board member liability protections
■ Harvest Oil & Gas LLC (Bankr. W. D. La). KBK represented outside members of board comprising the independent restructuring committee of oil and gas producing enterprise in chapter 11 regarding board members’ authority, board member protections (D&O insurance and indemnity rights), and conflicts with management
■ Independent Manager of Confidential Entity. KBK advised individual proposed to be appointed as independent manager of long-established business to exercise independent approval authority over aspects of out of court financial and organizational restructuring. Advice included negotiation of terms of employment and authority, manager protections (D&O insurance and indemnity rights), and exercise of independent authority