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Walter R. Kirkman

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Walter R. Kirkman represents financial institutions and other business creditors in connection with initial documentation, modification, restructure and out of court workout of commercial credit facilities.

Featured Experience

Represented commercial lender in documentation of credit facilities in the aggregate amount of $6.5 million financing the acquisition of a marina complex.

Documented $13 million commercial term loan made available to finance construction of a self-storage facility.

Documented $9.2 million commercial term loan and $5 million revolving line of credit facility made available to finance the acquisition of engineering and technology consulting enterprise.

Professional Biography

Overview

Mr. Kirkman achieves favorable outcomes for his clients by implementing creative legal solutions.

Mr. Kirkman has experience representing financial institutions in commercial foreclosures, receiverships, loan sales, REO sales, Uniform Commercial Code sales, confessed judgment actions, replevin actions, Chapter 7 and 11 bankruptcies and related proceedings.

Mr. Kirkman also represents financial institutions, corporations and individuals in all phases of commercial litigation in state and federal courts, including lender liability actions, contract and franchise agreement disputes, Uniform Commercial Code and lease syndication fraud.

Active in the community, Mr. Kirkman regularly provides pro bono legal representation to clients in the Baltimore area. He also serves on the board of directors of The Loading Dock, Inc., a nonprofit supplier of affordable building materials for housing and community improvement.

Representative Matters
  • Represented commercial lender in documentation of credit facilities in the aggregate amount of $6.5 million financing the acquisition of a marina complex.

  • Documented $13 million commercial term loan made available to finance construction of a self-storage facility.

  • Re-documented $18 million revolving line of credit with $3 million letter of credit subfacility acquired by commercial lender in merger with another financial institution.

  • Documented $9.2 million commercial term loan and $5 million revolving line of credit facility made available to finance the acquisition of engineering and technology consulting enterprise.

  • Secured dismissal with prejudice of $3 million state court lender liability action against community bank.

  • Represented commercial lender in the sale at par of a $7.75 million non-performing loan resulting in full recovery for lender.

  • Negotiated $5.2 million non-dischargeable judgment against guarantor of a commercial loan procured by fraud.

  • Obtained dismissal of bankruptcy court adversary proceeding seeking to disgorge collateral sale proceeds and to subordinate lender’s lien based on delay in recording deed of trust.

  • Represented commercial lender in successful third-party Uniform Commercial Code sale of transferable development rights.
  • Documented sales of loans in the aggregate principal amount of $17.5 million secured by hotel projects.

  • Represented commercial lenders in connection with foreclosure sales and REO sales of residential development projects, assisted living facilities, multi-family housing properties, commercial condominium units and other commercial properties.

  • Successfully defended a regional bank against a $24 million lender liability lawsuit. The trial court dismissed all of the commercial borrower's claims with prejudice and the dismissal was affirmed on appeal to the Virginia Supreme Court. 296 Va. 367 (2018).
Professional Honors & Activities

Professional Memberships

  • Member – American Bar Association
    • Business Law Section
  • Member – Bankruptcy Bar Association for the District of Maryland
  • Member – Turnaround Management Association, Chesapeake Chapter

Community Service

Honoraries

  • Recipient – The Public Service Award, University of Maryland School of Law (2005)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Professional Background
  • Corporate Law Intern, General Counsel's Office, Zurich North America
  • Student Attorney, University of Maryland Clinical Law Office
  • Claims Supervisor, Boat Owners Association of the United States

Education

  • University of Maryland School of Law, J.D., 2005, with honors
    • Order of the Coif
    • Articles Editor – The Business Lawyer, Official Publication of the ABA Section of Business Law
    • Moot Court Board
  • University of Maryland, B.A., 1993

Admissions

  • District of Columbia
  • Florida
  • Maryland
  • Virginia
  • Court of Appeals of Maryland
  • Court of Appeals of the District of Columbia
  • Supreme Court of the State of Florida
  • Supreme Court of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida

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