Talitha Gray Kozlowski

Talitha Gray Kozlowski

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Bio

Ms. Gray Kozlowski has received numerous state and regional awards for her work with clients in a wide variety of cases. She represents debtors-in-possession, creditors and ad hoc committees, secured and unsecured creditors, individual debtors, trustees, asset purchasers, and other constituencies in the numerous facets of corporate bankruptcy, liquidation, and workout matters.

Ms. Gray Kozlowski’s work with clients in a wide array of industries and with divergent goals gives her a unique perspective on each case she handles and enables her to understand and confront the competing objectives and strategies of her opponents. Combining her knowledge and experience navigating in the complex environment of a bankruptcy proceeding enables Ms. Gray to zealously and cost-effectively advocate for her clients, whether the client is a debtor seeking to restructure its debts and retain its equity, a secured creditor that wants to protect its collateral, an official committee of unsecured creditors that wants to maximize recovery for the unsecured creditor body through a confirmed plan of reorganization or liquidation, or a buyer that wants to cost-effectively acquire assets through a 363 sale.

Not only does Ms. Gray Kozlowski have extensive experience representing clients in “mega cases,” but she has developed a niche practice for handling all aspects of single assets cases, such as those involving hotels, retail centers, mini-storage facilities, and commercial developments.

Representative Experience

  • Jerry’s Nugget (casino) – Represented this historic family-owned casino in its Chapter 11 restructuring, successfully confirming a plan of reorganization providing for the family’s retention of equity and a restructuring of the company’s debt.
  • Black Gaming LLC and its affiliates (hotels and casinos) – Represented the debtors, having casino, hotel, and golf course operations, in their successful pre-packaged bankruptcy that resulted in the reduction of the long-term debt from $225 Million to $67 Million.
  • Prime Care Nevada (rural hospital) – Represented the County of Nye in the Chapter 11 case of Prime Care Nevada, Inc., jointly preparing a plan of reorganization allowing for the successful reorganization of a critical hospital in rural Nevada, recovering property from the former owner’s entities for the benefit of the hospital and obtaining a significant settlement in favor of Prime Care.
  • SNTech, Inc. (motor manufacturer) – Represented a motor technology company in its 363 sale of its assets and the wind-down of its foreign subsidiaries.
  • USA Investment Partners, LLC (parent company of +50 real estate subsidiaries) – Represented the Chapter 11 trustee in liquidating the estate consisting of assets totaling in-excess-of $29 Million in order to maximize distributions to creditors.
  • MaxJet (airline) – Successfully defended an airplane lessor in Delaware Bankruptcy Court against whom preference payments in-excess-of $3.5 Million were sought.
  • The Official Committee of Unsecured Creditors for the Estate of Steven D. Molasky – Represented the Committee in obtaining the right to initiate and prosecute causes of action against an insider on behalf of the estate, including avoidance actions, and ultimately negotiating a settlement and plan of reorganization that resulted in a meaningful distribution to the unsecured creditors.
  • Represented numerous single asset debtors owning:hotels
    extended-stay facilities
    apartment complexes
    self-storage facilities
    medical complexes
    commercial centers
    residential property
  • Achieving successful reorganizations for these single asset debtors in their respective bankruptcy cases, including significant principal reductions of secured debt, substantially reduced interest rates, and/or extended repayment terms.
  • Represented multiple post-confirmation liquidation trustees in liquidating real property, equipment, personal property, and other assets, as well as prosecuting litigation claims, including avoidance actions.
  • Represented a myriad of secured and unsecured creditors in defending their claims, negotiating plan treatment, objecting to plan confirmation, obtaining relief from the automatic stay, conversion, and/or the appointment of a trustee, and otherwise protecting their interests and maximizing their recovery through the bankruptcy process.
  • Represented debtors, creditors, trustees, and bidders in Section 363 sales, as well as sales accomplished through confirmed plans of reorganization.

Distinctions

  • AV® Certification Rating by Martindale-Hubbell®
  • Best Lawyers® of America 2018, 2019 for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law, Las Vegas
  • Mountain States Super Lawyers®, 2014, 2016, 2017, 2018, 2019
  • Mountain States Super Lawyers® Rising Star, 2010 – 2013
  • Nevada Business: Legal Elite, 2012, 2014, 2015, 2016, and 2017
  • Nevada Business: Legal Elite, Best Up and Coming Attorney, 2013
  • Nevada Business: Top 50 Best Up & Coming Attorneys, 2012

Affiliations

  • American Bankruptcy Institute, Member
  • Clark County Bar Association, Member
  • Southern Nevada Association of Bankruptcy Attorneys, Member

Publications, Programs, and Lectures

  • Speaker: State Bar of Arizona Annual Convention, June 17, 2016: Rehabilitating the Troubled Health Care Provider
  • Speaker and co-author: American Bankruptcy Institute, 2015 Bankruptcy Battleground West Conference, March 25, 2015: The World of SARE Cases
  • Author: To Keep You Is No Gain, to Kill You Is No Loss – Securing Justice Through the International Criminal Court, Arizona Journal of International and Comparative Law, October 2011