McDonald, Kutmas & Kindelt, LLP
Mr. McDonald has developed a balanced practice over the past 38 years by providing counsel to private and business organizations while also undertaking litigation matters for a number of clients in various forums and industries. This blend of business representation and litigation experience has given Mr. McDonald a unique perspective not commonly available in today’s legal environment and culture.
Throughout his career, Mr. McDonald has served in General Counsel roles, assisting businesses in dealing with everyday issues as well as strategic planning. His experience in this area ranges from contract negotiation and drafting, negotiating and obtaining financial arrangements and acquisitions, to coordinating real estate matters for manufacturing, retail, energy, and other businesses.
In addition to the development of the business advisor aspect of his practice, Mr. McDonald has developed experience and expertise which mark him as a regional leader in business litigation and corporate restructuring matters in and out of court. Mr. McDonald is equally comfortable in a corporate boardroom or a federal courtroom, seeking to develop practical and cost-effective solutions to the challenges which face business.
Mr. McDonald is recognized by Best Lawyers as among the nation’s best in business reorganization and has represented debtors, Chapter 11 Trustees, and Official Unsecured Creditor Committees which have successfully obtained confirmed Bankruptcy Plans of Reorganization in many industries, including tier one automotive manufacturing, grocery, wholesale food distribution, petroleum production, petroleum transportation, petroleum engineering, natural gas gathering systems, retail, financial services, commercial real estate, real estate development, steel mill, production, and medical technology. Mr. McDonald has, on a regular basis, represented the interest of investors, lenders, secured creditors, and Committees of Creditors. Mr. McDonald was actively involved in the SemCrude bankruptcy case in Delaware in connection with representation of Oil Producers’ Interests from four states (Oklahoma, Texas, Kansas, and New Mexico).
Mr. McDonald is active in community affairs and professional associations, serving or having served as a board member and officer of several civic and professional organizations, including service on the Tulsa Catholic Diocesan Finance Counsel and the Margaret Hudson Program.
During a 38 year career, Mr. McDonald has served creditors, debtors, secured creditors, and lenders in a broad range of industries including:
Creditor Committee Representation Experience
Mr. McDonald represented Osage Crude Oil Purchasing, Inc. and recovered nearly 100 cents on a dollar for Creditor Claims. Recovery in this case resulted largely from successful litigation by the Committee, led by Mr. McDonald against one of Oklahoma’s major banking institutions on a preference/fraudulent transfer theory resulting in a multi-million dollar recovery.
Mr. McDonald has developed expertise in, and gained confirmation of, Committee Plans for the benefit of creditors in a number of Chapter 11 cases. He has successfully represented Creditors Committees including:
The Hale-Halsell Company involved a large wholesale grocery distribution network, in which the Committee filed and confirmed a Plan of Liquidation creating a Creditors Trust for administration of the Plan. The Creditors Trust has provided substantial distributions to creditors, which at the present time has distributed approximately one hundred twenty-five percent (125%) to unsecured creditors. The Firm has represented the Hale-Halsell Creditors Trust post-confirmation.
The Committee, led by Mr. McDonald and other lawyers of the firm, successfully undertook litigation against former Officers and Directors of the Company in the Hale-Halsell case, achieving a substantial settlement, and was active in the effective disposition of other assets in the case, including the sale of a leading grocery chain in Western Oklahoma.
Mr. McDonald had the opportunity to see the challenges that face a Committee from the inside as a member of the Committee in the Piper Aircraft bankruptcy pending in the Middle District of Florida.
The successful reorganization of Piper included addressing novel and complex issues related to possible future injury claims, and the Committee, of which Mr. McDonald was a member, worked with the Debtor and industry leaders in an effort that resulted in Piper’s successful reorganization.