Sean C. Kulka

Partner

Direct: 404.873.8682
Fax: 404.873.8683
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Sean is a partner in the Bankruptcy, Creditors’ Rights, & Financial Restructuring practice and focuses on bankruptcy and commercial litigation. He has extensive experience counseling debtors, creditors’ committees, secured and unsecured creditors, landlords, and fiduciaries through intricate legal matters.

Sean has handled some of the most significant Chapter 11 cases across the country, including the historic Enron Examination. His experience spans a multitude of industries, including retail, restaurant, hospitality, real estate, telecommunications, manufacturing, gaming, farming, and insurance.

Sean has also served as interim general counsel for a large logistics company, allowing him to understand the unique challenges businesses face. His experience in this role has provided him with extensive knowledge into business operations, enhancing the practical, business-oriented legal assistance he provides to his clients.

Sean has been deeply involved in matters related to complex franchise agreement negotiations, including for a Fortune 100 telecommunications company negotiating cable television franchise agreements throughout New York. He advises clients across all aspects of the franchising process, including negotiating and lobbying franchise agreements with municipalities and appearances at contested public hearings.

Leveraging his diverse legal background, Sean is a multifaceted attorney capable of navigating various complex legal issues.

Related Services

Related Industries

    Experience

    • Represented the Official Committee of Unsecured Creditors as co-counsel in the bankruptcy cases of three affiliated entities that own a chain restaurant with locations throughout the Southeast. The bankruptcies resulted in a successful going concern sale of the debtors’ assets. In re The Krystal Company et al., Case No. 20-61065 (Bankr. N.D. Ga).
    • Represented the Official Committee of Unsecured Creditors and the liquidating trustee in the bankruptcy cases of nine jointly administered debtors that owned or operated hospitals in Georgia, Mississippi, North Carolina, Tennessee, and Virginia. Obtained standing on behalf of the Committee to assert DO claims on behalf of the bankruptcy estates, which resulted in a significant settlement in favor of the bankruptcy estates. The Committee co-sponsored a liquidating Chapter 11 plan that included a carve-out from the secured creditor’s collateral, which enabled non-priority unsecured creditors to receive a significant distribution. In re Pioneer Health Services, Inc., et al., Ch. 11 Case No. 16-01119-NPO (Bankr. S.D. Miss).
    • Represented eight affiliated entities that operated restaurants in Alabama, Georgia, Mississippi, and Tennessee, in their jointly administered Chapter 11 bankruptcy proceedings. The bankruptcies resulted in a successful going concern sale of the debtors’ assets and a structured dismissal of the cases. In re Eat Here Brands, LLC, et al., Ch. 11 Case No. 19-61688 (Bankr. N.D. Ga.).
    • Represented eight affiliated entities that owned a destination youth sports complex in Bartow County, Georgia, in their jointly administered Chapter 11 bankruptcy proceedings. The bankruptcies resulted in the confirmation of a pre-arranged Chapter 11 plan, which kept the debtors’ existing equity in place. In re LakePoint Land, LLC, et al., Ch. 11 Case No. 18-41337 (Bankr. N.D. Ga.).
    • Represented four affiliated entities, in their jointly administered Chapter 11 bankruptcy proceedings in the Middle District of Georgia Bankruptcy Court. The companies each owned retail shopping centers located in Georgia and South Carolina. The debtors subsequently entered into a global settlement agreement with their secured creditor, which led to a court-approved structured dismissal of the debtors’ bankruptcy cases. As a result of their successful bankruptcy cases, the debtors were able to refinance their properties on extremely favorable terms. In re Stafford Rhodes, LLC, et al., Ch. 11 Case No. 12-70859 (Bankr. M.D. Ga.).
    • Represented five highly distressed affiliated debtors comprising the largest dairy farm in the Southeastern United States with operations in Georgia, Florida, Mississippi, and Texas. The bankruptcies resulted in the confirmation of a Chapter 11 plan and a meaningful distribution to unsecured creditors. In re Dairy Production Systems, LLC, et al., Ch. 11 Case No. 10-11752 (Bankr. M.D. Ga.).
    • Represented secured creditor in connection with the bankruptcy case of a hotel owner and operator. Successfully negotiated adequate protection payments for the lender, negotiated a settlement of the debtor’s claim objection against the lender under very favorable terms, and negotiated an agreement that provided the lender with relief from the automatic stay.
    • Represented the owner of a multi-family, low-income housing project located in Fulton County, Georgia, as debtor’s counsel. The debtor entered into a settlement agreement with its senior secured creditor, which enabled the debtor to confirm a liquidating plan in March 2012. The plan provided for a material distribution to all non-insider unsecured creditors.
    • Represented four affiliated entities, in their jointly administered Chapter 11 bankruptcy proceedings in the Middle District of Georgia Bankruptcy Court. The companies each owned retail shopping centers with a collective value of approximately $30 million. The debtors’ cash collateral motion was successfully prosecuted, and successfully defeated a motion to dismiss and multiple stay relief motions filed by the debtors’ secured creditor. After extensive briefing, the bankruptcy court conducted an exhaustive evidentiary hearing on the various motions before the court. The bankruptcy court held another hearing on the multiple motions before the court, and pursuant to Rule 7052 of the Bankruptcy Rules, made detailed findings of facts and conclusions of law that resulted in the bankruptcy court granting the debtors’ cash collateral motion and denying all of the secured creditor’s motions. The result of this hearing was a huge win for the clients as the denial of the cash collateral motion or the approval of any of the secured creditor’s motions would have eliminated any prospect of reorganization of the debtors’ income generating properties. The debtors subsequently filed a Chapter 11 plan of reorganization, which provided for the modification of the secured creditor’s loan and the substantive consolidation of the debtor’s assets and liabilities. The debtors subsequently entered into a global settlement agreement with their secured creditor, which led to a court-approved structured dismissal of the debtors’ bankruptcy cases in. As a result of their successful bankruptcy cases the debtors were able to refinance their properties on extremely favorable terms.
    • Represented a Fortune 100 telecommunications company in negotiating cable television franchise agreements throughout New York. Involved in all aspects of the franchising process including negotiating and lobbying franchise agreements with municipalities and appearances at contested public hearings.
    • Represented Mr. Neal Batson, the court-appointed examiner in the Enron Corp. bankruptcy cases. Assisted Mr. Batson in examining all aspects of Enron Corp. and its affiliates, including the investigation of various off balance sheet transactions and assisting Mr. Batson in drafting reports to the court.
    • Represented a large cable company in the Adelphia Communications Corp. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.
    • Represented a large cable company in the WorldCom, Inc. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.
    • Represented the owner of a hardwood flooring manufacturing facility as debtor’s counsel. The debtor entered into a court-approved settlement agreement with the debtor’s former owner, which enabled the debtor to confirm a liquidating plan that provided a significant distribution to unsecured creditors. In connection with the settlement, successfully briefed and argued an appeal to the district court, the United States Court of Appeals for the Eleventh Circuit, and the Supreme Court of Georgia related to whether, under Georgia law, an insolvent limited liability company has exclusive standing to assert an alter ego claim against its parent or owner. The Eleventh Circuit certified the question to the Supreme Court of Georgia, which answered the issue in the affirmative.
    • Represented a large poultry company in connection with the Ameriserve Food Distribution, Inc. bankruptcy cases. Successfully defended the client against a preference claim with a demand well in excess of $10 million. The adversary proceeding was settled under very favorable terms after the client presented the plaintiff with a motion to dismiss the complaint on the basis that the debtors had failed to preserve the right to assert the preference claim against the client in their plan of reorganization on the basis of res judicata, collateral estoppel, and judicial estoppel.
    • Represented Fulton County, Georgia, in connection with the county’s franchise agreement negotiations with a large cable company.
    • Represented eight affiliated debtors in their jointly administered Chapter 11 bankruptcy proceedings in the Northern District of Georgia Bankruptcy Court. The debtors’ owned an amateur/youth sporting tournament vacation facility. The debtors were able to confirm a prearranged Chapter 11 Plan, which kept current equity holders in place.
      Client Successes

      Credentials

      Education
      • University of Mississippi, Juris Doctor,
        cum laude
        • Mississippi Law Journal
        • Recipient, American Bankruptcy Institute Medal of Excellence
      • Michigan State University, Bachelor of Arts,
        cum laude
      Admissions
      • State of Georgia – 1998
      Court Admissions
      • United States Court of Appeals for the Eleventh Circuit – 2004
      • United States District Court for the Middle District of Georgia – 2001
      • United States District Court for the Northern District of Georgia – 1998
      Associations
        • Atlanta Bar Association, Section of Bankruptcy
        • American Bankruptcy Institute
        • Secured Finance Network
        • Turnaround Management Association

      Recognition

      • Chambers USA: America’s Leading Lawyers, Bankruptcy/Restructuring, 2024
      • Certificate of Excellence in Bankruptcy, American Bankruptcy Institute, 1998

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