Hofstra University School of Law (J.D., 1991), Member, Hofstra Law Review and the recipient of the Deborah Sloyer Trial Advocacy Award
Trinity College (B.S., 1988)
Kirk L. Brett
Mr. Brett is Chair of the Bankruptcy, Creditors’ Rights and Business Reorganizations Practice Group, Chair of the Bad Acts Practice Group and a member of the Litigation Practice Group. For over 25 years, Mr. Brett has guided clients in dealing with difficult or complicated situations – including through litigation in courts around the Country, negotiation of favorable settlements, and strategizing to anticipate or avoid disputes in the first place.
Mr. Brett’s skills and background have been in particular demand in connection with distressed real estate. Mr. Brett has litigated and counseled clients concerning an array of real estate matters, including the enforcement of, and defense against, mortgage and mezzanine lenders’ rights (such as through mortgage or UCC foreclosures), CMBS issues, landlord-tenant proceedings, and disputes between venture partners, lenders and participants (or co-lenders) and other transaction parties. Mr. Brett has led the representation of Firm clients in prosecuting and resolving litigation and pre-litigation disputes pertaining to distressed properties, the risks of dealing with companies that are at risk of future bankruptcy and, of course, their dealings with bankrupt entities.
Mr. Brett has investigated and litigated, through trial and appeal, issues of lender liability, fraud and a host of other distress or insolvency-related issues, as well as commercial breach of contract, fiduciary duty, intellectual property, licensing, professional liability, and corporate governance disputes.
On a nationwide basis, Mr. Brett routinely advises parties in commercial bankruptcy and insolvency situations, including secured and other creditors, DIP lenders, landlords, and contract counterparties. Mr. Brett also advises prospective purchasers of distressed businesses, leases, debt and other assets in bankruptcy. Further, Mr. Brett has represented chapter 11 debtors and creditors’ committees in large and complex bankruptcy cases, and has otherwise been actively involved in some of the country’s most significant commercial bankruptcies.
Mr. Brett’s approach and demeanor have also made him the ideal choice for special matters requiring a multi-faceted counsel. These include, for example, commercial disputes among parties with ancillary or close relationships (such as family members), disputes which raise or involve sensitive business issues, and other particularly thorny situations.
Prior to joining the Firm in 2001, Mr. Brett practiced at Schulte Roth & Zabel, Donovan Leisure Newton & Irvine, and Rosenman & Colin (now known as Katten Muchin Rosenman).
Mr. Brett is admitted to practice in New York. He has also appeared, pro hac vice, in a variety of Federal and State courts around the Country.
New York State Bar Association
American Bar Association
American Bankruptcy Institute
Super Lawyers: New York Metro: 2009-2018