Kyle T. Unser

(479) 695-3844
Partner
(479) 316-4069 Fax
Kyle.Unser@KutakRock.com

Mr. Unser is a partner in the firm’s Rogers office. He has extensive experience as a trial lawyer in banking and commercial litigation, real estate litigation, secured transactions litigation, mortgage and lien foreclosures, construction law, and general civil litigation. He currently serves as litigation counsel to numerous financial institutions including local, regional and world-wide lenders. In addition to financial industry litigation, Mr. Unser also represents publicly traded corporations and closely held companies as well as individuals in a variety of matters including bankruptcy litigation, bankruptcy claims prosecution, bankruptcy plan litigation, preferential transfer litigation, and agreed and contested distressed asset acquisitions through bankruptcy estates. 

Trial Experience

  • Successful prosecution and defense of numerous misdemeanor and felony charges in both bench and jury trials.
  • Obtained jury verdict in excess of home value in favor of homeowner against municipality for inverse condemnation resulting from sewage leaks.
  • Obtained full demand jury verdict on behalf of custom home builder against owner following a payment dispute.
  • Obtained defense jury verdict in favor of property owner who caused catastrophic flooding to neighboring property through construction work.
  • Obtained full demand jury verdict in favor of partner in closely held real estate partnership in prosecution of breach of real estate contract claims and in defense of fiduciary duty counterclaims.
  • Obtained full demand jury verdict in favor of national healthcare organization following years of complex litigation involving a lending relationship and physician recruitment from another health care organization.
  • Obtained numerous verdicts in favor of individual and organizational clients in bench trials involving commercial disputes, corporate governance issues, partnership and fiduciary capacity claims, and debtor-creditor relationships.

Bankruptcy Engagements

  • Bankruptcy litigation counsel to some of the largest financial institutions in the world in lender liability claims, stay violation actions, and claims litigation.
  • Successful representation of institutional, business and individual clients in countless contested matters involving automatic stay relief, stay violations, discharge injunction claims, preferential transfer claims, and opposition to reorganization.
  • Counsel to client in connection with acquisition of distressed industrial operation.
  • Counsel to secured lender in connection with the forced sale of an historic hotel and adjacent ancestral land in full satisfaction of lender’s claim.
  • Counsel to client in connection with obtaining partially completed specialized robotics and manufacturing machinery from bankrupt builder.
  • Counsel to nation-wide health care provider in connection with enforcement of leases and critical vendor claims against restructuring debtor.
  • Counsel to numerous local and regional secured lenders in connection with bankruptcy plan opposition, cram-down litigation and recovery of collateral from bankruptcy estates.
  • Counsel to insurance judgment creditor in connection with prosecution of fraudulent transfers and recovery of judgment debtor’s homestead over debtor’s objection and claim of exemption.

Other Experience

  • Lead counsel in insurance coverage litigation involving employee theft and dishonesty coverage.
  • Lead counsel to general contractor in insurance coverage litigation involving commercial general liability insurance policy and catastrophic damage to commercial property resulting from defective construction of building components.
  • Local counsel to publically traded corporation in hostile takeover bid.
  • Successful prosecution of claim on behalf of health care organization for repayment of signing bonus pursuant to physician recruitment agreement.
  • Successful prosecution of multimillion-dollar contested foreclosure cases on behalf of numerous financial institutions and private equity groups.
  • Regular representation of commercial and residential landlords in tenant disputes and negotiations.
  • Regular representation of financial institutions in work-outs and distressed debt negotiations.