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Kimberly L. Wakim

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Education
J.D., West Virginia University College of Law, Morgantown, West Virginia, 1988
B.S.B.A., magna cum laude, West Virginia University, Morgantown, West Virginia, 1980
State Bar Licenses
Pennsylvania
West Virginia
Court Admissions
U.S. District Ct., N.D. of West Virginia
U.S. District Ct., S.D. of West Virginia
U.S. District Ct., W.D. of Pennsylvania
U.S. District Ct., E.D. of Michigan
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
Membership
Certified Public Accountant, West Virginia
American Bar Association
Pennsylvania Bar Association
Allegheny County Bar Association
West Virginia State Bar
Third Circuit Merit Selection Committee for the bankruptcy judgeship in Western District of Pennsylvania 2003 and 2005
Former Chair, Bankruptcy and Commercial Law Section Council of the Allegheny County Bar Association
West Virginia Society of Certified Public Accountants
Article 7 UCC Task Force and Drafting Committee of the Pennsylvania Bar Association
American Bankruptcy Institute
Trustee and former Assistant Treasurer, Energy & Mineral Law Foundation
Participant, Pro Bono Bankruptcy Law Clinic
Former Member, West Virginia University College of Law Visiting Committee
Former Board Member and Past President, Dance Alloy
Super lawyers 2015
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Kimberly L. Wakim

Member

Clark Hill is deeply saddened at the passing of our friend and colleague, Kimberly Wakim, on April 28, 2017. We are grateful for her years of dedicated service to our firm, clients and community. We express our heartfelt condolences to Kim's family and to her many friends and colleagues. She will be dearly missed. 

 

Kimberly Luff Wakim focuses her practice in the areas of bankruptcy, creditors’ rights, workouts, and commercial finance and commercial litigation. Kimberly regularly represents creditors, including banks, commercial and consumer finance companies and public and closely held corporations.

She is a frequent lecturer in the areas of bankruptcy and creditors’ rights and related topics. In 2005, and 2008-2016, Kimberly was named a Pennsylvania Super Lawyer, an honor bestowed upon the top five percent of Pennsylvania lawyers.

Kimberly is a Certified Public Accountant. Prior to entering law school, she practiced with the public accounting firm of Main Hurdman, KMG (now KPMG Peat Marwick) and was the Assistant Controller for Petroleum Development Corporation (now PDC Energy), a publicly held oil and gas company. She currently serves as a Corporate Director for PDC Energy and is a member of its Audit Committee, Nominating and Governance Committee and Chair of its Compensation Committee.

Immediately after graduating from law school, Kimberly served a two-year term as a law clerk to The Honorable L. Edward Friend II, United States Bankruptcy Judge for the Northern District of West Virginia, now retired.

Publications/Presentations

Speaker only, “11th Annual Bankruptcy Institute” Pennsylvania Bar Institute, September 2006.

Speaker only, “Commercial Bankruptcy Practice After The New Act”, Pennsylvania Bar Institute, February 2005

Speaker only, "The Top Commercial Cases of the Year", Pennsylvania Bar Institute, February 2005

"Officer and Director Liabilities and Perquisites During the Life (and Death) Cycle of a Corporation", PBI No. 2003-3417.

"Going Broke? The Basics of Bankruptcy Explained", Pittsburgh TEQ, December 2002

Speaker only, Revised Article 9, Bankruptcy and Commercial Law Section Annual Bankruptcy Symposium, 2001.

"The Legal and Business Risks of Developing Oil and Gas Leasehold Interest Without Obtaining Lien Subordination Agreements," 19 E. Min. L. Inst. Ch. 2 (1999).

"Bankruptcy Issues in Real Estate", PBI No. 1997 – 1320 Vol. 1.

Experiences
Represented financial institution in federal action commenced against financial institution under Perishable Agricultural Commodities Act ("PACA").
Represented financial institution in state court action alleging fraud against financial institution and successfully obtained affirmation of lower court's judgment in favor of financial institution from Pennsylvania Superior Court
Represented financial institutions in connection with domestication and execution on foreign judgments in various states
Represented franchisors in franchisee bankruptcy proceedings, including enforcement of and assumption/rejection of franchise agreement
Represented judgment creditors in executions against personal and real property
Represented and/or defended financial institutions and other creditors in confession of judgment actions and actions to strike and/or open confessed judgments
Represented financial institutions and other creditors in mortgage foreclosure, replevin and deficiency judgment actions (largest mortgage foreclosure action was for $120 Million)
Represented secured creditors in connection with UCC Article 9 rights, including foreclosure and disposition of collateral subject to security interests
Representations include commercial real estate and asset based lending transactions
Represented financial institutions and other lenders in the negotiation and documentation of credit facilities and forbearance agreements
Reviewed commercial loan documentation and advised financial institutions and other lenders with respect to default issues and remedies
Represented Indenture Trustee in Chapter 11 case resulting in full repayment of obligations arising under bond indenture
Represented purchasers of assets from Chapter 11 Debtor estates
Represented financial institutions and finance companies in matters pertaining to cash collateral agreements, relief from stay litigation, plan negotiations, plan confirmation issues and objections, "cramdown" actions, including valuation issues, proof of claim litigation, preference and fraudulent transfer litigation
Represented clients in bankruptcy matters generally, including defending preference actions, pursuing reclamation claims, and contracts (including supply contracts)
Represented clients in appeals to the Bankruptcy Appellate Panel for the Sixth Circuit, the U.S. Court of Appeals for the Third Circuit and the U.S. Court of Appeals for the Fourth Circuit
Represented a Fortune 500 company in seeking removal and transfer of all mass tort litigation cases pending against corporation to the Western District of Pennsylvania
Representation of a Fortune 500 Company and 50% shareholder of Pittsburgh Corning Corporation in Chapter 11 bankruptcy of Pittsburgh Corning Corporation, filed primarily as a result of asbestos liabilities of Pittsburgh Corning Corporation
Counsel to the agent in connection with an approximately $41,000,000 debtor-in-possession financing of the Chapter 11 bankruptcy of a steel storage systems manufacturer that involved the roll-up of the syndicate's pre-petition debt and the negotiation of a consensual, orderly liquidation of the debtor's domestic and foreign assets with the committee of unsecured creditors and a junior secured creditor