AV Peer Review Rated by Martindale-Hubbell

Board Certified in Business Bankruptcy Law, American Board of Certification

Up-and-Coming Legal Elite, Florida Trend Magazine, 2006-2007

Donald R. Kirk has experience in bankruptcy and creditor's rights; commercial litigation; and contract disputes.  His practice includes representations of businesses of all sizes.

Representative Experience

• Represented the Unsecured Creditors Committee and, post-confirmation, the Liquidation Trustee in the Tropical Sportswear Inc., et. al. Ch. 11 cases (Lead Case No. 04-24134). The case involved the $88.5 million sale of assets to Perry Ellis International.
• Represented the Ad Hoc Committee of 11% Senior Secured Noteholders and certain of those Noteholders providing DIP financing in the Anchor Glass Container Corporation Ch. 11 proceeding (Case No. 05-15606).  The bondholders (approximately $350,000,000.00) became the owners of the reorganized company.
• Represented the Unsecured Creditors Committee and, post-confirmation, the Liquidating Trustee in the Pullman-Holt Corp. and Fultonville Metals Chapter 11 cases (Lead Case No. 03-08017).
• Represented the general partner in the Kaiser Aluminum Corp, et al Chapter 11 proceedings in the District of Delaware wherein we preserved a right of first refusal relating to the auction of a $331 million partnership interest.
• Represented a national financing company and plan proponent in the Optical Technologies, et al Chapter 11 cases (Recomm) (Lead Case No. 96-00805). The client financed thousands of equipment leases pre-petition and provided post-petition financing. We have continued to represent the financing entity post confirmation in liquidating their portfolio.

Significant Reported Decisions

• In re Alvarez, 224 F.3d 1273, (11th Cir. (Fla.), 2000) 
• Ferguson v. Credit Management Control, Inc., 140 F.Supp.2d 1293 (M.D.Fla. Mar 23, 2001) 
• Gill v. Kostroff, 82 F.Supp.2d 1354, (M.D.Fla. Feb 08, 2000)
• In re J & D Sciences, Inc., 335 B.R. 791, (Bankr.M.D.Fla. Jan 03, 2006)
• In re TSLC I, Inc., 332 B.R. 476, (Bankr.M.D.Fla. Nov 01, 2005)
• In re Unger, 333 B.R. 461, (Bankr.M.D.Fla. Sep 21, 2005)
• In re Fultonville Metal Products Co., 330 B.R. 305, (Bankr.M.D.Fla. Sep 15, 2005)
• In re Eigsti, 323 B.R. 778, (Bankr.M.D.Fla. Feb 24, 2005)
• In re Tropical Sportswear Int'l Corp., 320 B.R. 15, (Bankr.M.D.Fla. Jan 28, 2005) 

Presentations

• "Subprime Mortgage Meltdown - Lawsuits, Defenses, Strategies, and Best Practices," Mexico City, Mexico, September 2007
• "Florida Collections Law," Speaker, Tampa, FL, 2000-2001

Publications

• "How to Prepare for Subprime-Related Litigation," Author, First Focus: The Subprime Crisis, A Thomson West Report, 2008
• "Application of Florida's Homestead Exemption to Citizens of Foreign Countries," Author, Lawyer Magazine, Vol. 12, No. 7, April 2002
• "Franchise Dual-branding: The Irony of Association," Author, 10 DePaul Bus. L.J. 1, Fall/Winter 1997