T: (949) 852-6700 vCard Irvine kworley@wthf.com
Kirsten Worley has a national practice focused on insolvency and bankruptcy in addition to appellate and civil litigation. She is admitted to the Ninth Circuit Court of Appeals and all federal and bankruptcy courts of California. Kirsten is an experienced litigator, and has trial experience, as well as considerable experience resolving claims through law and motion practice. Her practice covers the entire range of insolvency and bankruptcy matters, including such areas as prosecution of creditors' claims, representation of parties in claim objections and adversary proceedings, collections actions, pre-insolvency planning, prosecuting claims in bankruptcy, prosecuting lien priority issues, representing creditors' interests to minimize the impact of bankruptcy, transactional matters, and negotiated solutions and workouts.
Kirsten has developed a special expertise in such bankruptcy matters relating to construction claims, and represents various industry creditors including lenders, owners, sureties, general contractors, subcontractors, and other interested parties. She has also represented entities in civil lawsuits and appeals involving construction claims, surety bond coverage, subrogation claims, among other surety and construction matters. Kirsten has also authored featured articles including for national publications.
Kirsten is a member of the American Bankruptcy Institute, Orange County Bankruptcy Forum and Los Angeles Bankruptcy Forum. In addition to her representative matters, Kirsten regularly volunteers time with the Orange County Bar Association Pro Bono Bankruptcy Legal Clinic at the United States Bankruptcy Court for the Central District of California.
Representative Services
- Prosecuting all contract, UCC rights, and secured claims.
- Negotiating loan workouts and prosecuting rights under credit facilities, including related guaranty and indemnity rights.
- Assisting with due diligence, analysis and prosecution of rights and defenses relating to distressed assets purchased by holders in due course.
- Risk-shifting arrangements and pre-planning when a counter-party shows signs of insolvency, such as setting up mechanisms to secure contract funds, secured transactions, and third party arrangements.
- Prosecuting claims in bankruptcy, protecting contract and lien rights in bankruptcy, and negotiating for early workouts with debtors, trustees, and other creditors.
- Protecting withheld contract funds from turnover to the bankruptcy estate, including analysis of recoupment and setoff rights, and related loss mitigation efforts.
- Asserting rights of reclamation in bankruptcy to recover supplies provided to a job.
- Asserting and prosecuting mechanics' lien and lender priority claims.
- Protecting rights in the face of sales of property, whether by foreclosure or Bankruptcy Code Section 363 bankruptcy sales.
- Prosecuting rights arising from contract rejection and acceptance in bankruptcy, including perfecting and prosecuting administrative claims.
- Negotiating with the FDIC, including FDIC Receivers for failed banks, prosecuting FDIC claims, and working with acquiring banks to maximize value and resolve construction and other claims.
- Negotiating and drafting complex secured lending, surety and construction transactions.
Memberships and Affiliations
- American Bankruptcy Institute
- American Bar Association
- Fidelity and Surety Committee of the Tort and Insurance Practice Section
- National Association of Women In Construction (NAWIC)
- Orange County Bar Association
- Member, Bankruptcy Pro Bono Legal Clinic
- Member, Banking & Lending and Commercial Law & Bankruptcy Sections
- Los Angeles County Bar Association
- Member, Commercial Law & Bankruptcy Section
- Orange County Bankruptcy Forum
- Los Angeles County Bankruptcy Forum
Publications and Presentations
- Author: "The Contractor's Dilemma in an Owner Bankruptcy," Westlaw
Construction Briefings,
September 2011.
- Author: "Contract Setoff and Recoupment in Subcontractor Bankruptcies," Westlaw
Construction Briefings,
December 2010.
- Author: "Recovery of the Surety's Costs Following Wrongful Termination,"
The Construction Lawyer
, Spring 2010.
- Author: "The Aftermath of Travelers v. PG&E, Attorneys' Fees Recovery In Bankruptcy," feature article published in the Fidelity & Surety Law Committee Newsletter of the American Bar Association, Tort Trial & Insurance Practice Section, Fall 2007.
- Author: "Basics of the Bankruptcy Code: The Impact of Recent Changes in the Law," published in From the Ground Up, Winter 2005-2006.
- Author: "Old "Whine" in New Bottles: Indemnitors' "Bad Faith" Counterclaims Against Sureties in California," published in three parts in From the Ground Up, Spring-Winter 2005, Summer 2005, and Fall 2005.
