Kyle J. TumSuden

Kyle TumSuden advises a wide range of clients, including distressed companies, officers and directors, administrative agents, lenders, secured and unsecured creditors, and other significant stakeholders in all types of distressed scenarios, whether litigious or transactional. In addition, Kyle has extensive experience in complex insolvency matters, including in-court bankruptcy proceedings and out-of-court restructurings.

Supported the representation of:

• A prominent financial institution as administrative agent, lender and lead arranger, in connection with the restructuring of a senior secured credit facility for a west coast-based vitamin manufacturer and distributor, resulting in covenant relief and restructuring, equity contributions, subordinated affiliate loans and granting of additional collateral;
• A prominent financial institution as administrative agent in a US$200 million term loan facility involving one of the leading petrochemical companies in the Americas;
• A large publicly-traded real estate investment trust in connection with various in-court bankruptcy proceedings and out-of-court restructurings of its tenants;
• A Fortune 500 company in connection with the bankruptcy proceedings of one of its key suppliers;
• A specialty finance company, as the largest creditor, in the chapter 11 proceedings of a regional insurance marketing organization, which involved extensive discovery and confirmation-related litigation;
• One of the largest retailers in the world in connection with its chapter 11 cases involving approximately US$6 billion in debt;*
• A leading oil and natural gas exploration and production company in its chapter 11 cases involving approximately $4.9 billion in funded debt obligations;*
• The independent directors of a once-preeminent toy retailer in connection with its chapter 11 cases;*
• An ad hoc group of secured lenders in connection with its acquisition of a distressed specialty retailer.*

(* At previous law firm)

Additional Experience

• Conducted legal research and analysis in connection with the successful out-of-court restructuring of more than $300 million of debt and consensual sale of School Specialty, Inc., a leading provider of educational products and services to the Pre-K- 12th grade market in the U.S. and Canada.

• Fairfield University, BA, summa cum laude
• St. John's University School of Law, JD, cum laude
  Senior Staff Member, American Bankruptcy Institute Law Review

• Illinois
• New York

• American Bankruptcy Institute
• Turnaround Management Association
• Her Justice, Inc. (pro bono)