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Joseph B.C. Kluttz

Retired Partner
+1.704.331.7485
Fax +1.704.353.3185
Mr. Kluttz focused his practice on the structuring and restructuring of large financial transactions to avoid and manage insolvency risk. He has had extensive experience with Chapter 11 bankruptcies. Among other recognition, Mr. Kluttz was ranked in “Band 1” among Bankruptcy and Restructuring Lawyers in Chambers USA: America's Leading Business Lawyers.

Professional Background

Prior to attending law school, Mr. Kluttz was a staff member of the United States Senate Subcommittee on Constitutional Rights.

Achievements

  • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2005-2017
  • Selected to the North Carolina Super Lawyers list, Bankruptcy & Creditor/Debtor Rights, Super Lawyers Magazine, 2007-2017
  • Chambers USA: America's Leading Business Lawyers, Bankruptcy/Restructuring (Band 1), 2005-2016
  • Recipient, Thomas S, Kenan III Medal for leadership in the arts

Professional/Civic Activities

  • American Bankruptcy Institute
  • Turnaround Management Association
  • North Carolina Bar Association
    • Business Law Section Council, 2002-2006, Executive Committee, 2004-2006
    • Committee to Review Revised Article 9, 1999-2000
  • Official North Carolina Comment to Uniform Fraudulent Transfer Act, Drafting Committee, 1997
  • Board of Directors, Southminster, Inc. (CCRC), 2013-present
  • North Carolina Museum of Art Foundation (Board of Trustees, 2002-2010; President, 2006-2010)
  • Charlotte-Mecklenburg Historic Landmarks Commission (Member, 1979-1987; Chair, 1986-1987; Re-appointed, 2002-2008)
  • Christ Church Foundation (Member, 1989-1995; Board of Directors, 2001-2006; Chair, 2005-2006)
  • Historic Rosedale Foundation (Board of Directors, 1988-1998; Chair, 1997)
  • North Carolina Citizens for Business and Industry (Board of Directors, 2001-2008)
  • Mint Museum of Art (Board of Directors, 1988-1994)
  • Served as counsel for major national banks as agent and participant in a number of syndicated and bilateral credit transactions in need of restructuring.
  • Orchestrated sales in and out of Chapter 11, including consensual and non-consensual Article 9 and real estate foreclosure sales, of assets securing hundreds of millions of dollars in senior debt.
  • Represented private equity investors and mezzanine lenders in restructurings of a wide variety of subordinated debt, preferred stock, and other forms of mezzanine and equity investments.
  • Served as lead bankruptcy counsel for Fortune 500 company in trial in Delaware Bankruptcy Court resulting in award and collection of judgment on “critical vendor” claim in excess of $23 million including prejudgment interest and attorneys’ fees for bad faith.
  • Consulted with major national bank on bankruptcy implications of certain compensation commitments, relating to bank’s “living will” review.
  • Represented a major snack food manufacturer in acquisition, through Section 363 sales, of operating assets of two other large snack food manufacturers in separate bankruptcy proceedings.
  • Represented investor in the successful workout of a minority investment in a “P3” toll road project, resulting in the cash sale of its member interests in the project entities for $44 million.
  • Represented owners of large resort hotels in in restructurings of substantial senior debt.
  • Represented mezzanine lender in defense of “successor liability” claims following acquisition through foreclosure of borrower’s operating assets.
  • Represented private equity investors in restructuring of investments in, and later liquidation of assets of, wireless internet provider.
  • Represented global and national contractors in a number of client and subcontractor bankruptcies and restructurings, including the successful restructuring of a multi-project power generation matter involving potential exposure of several hundreds of millions of dollars.
  • Represented the debtor in a Chapter 11 proceeding in one of the largest trucking bankruptcies in the United States.