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Kyle T. Unser

Partner

Kyle’s clients range from home builders to national banks and healthcare organizations, but all appreciate Kyle’s dedication to pursuing best possible outcomes for his clients.

Litigation

Kyle serves as litigation counsel to numerous financial institutions including local, regional and world-wide lenders. 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.

Bankruptcy

In addition to financial industry litigation, Kyle also represents publicly traded corporations and closely held companies as well as individuals in bankruptcy litigation, claims prosecution, plan litigation, preferential transfer litigation, and agreed and contested distressed asset acquisitions through bankruptcy estates.

Community Involvement
  • Rotary International
  • First Tee of Northwest Arkansas, Executive Committee of the Board of Directors, Treasurer

Trial Experience
  • 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 healthcare organization.
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 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.
  • Regular representation of commercial and residential landlords in tenant disputes and negotiations.
  • Regular representation of financial institutions in work-outs and distressed debt negotiations.

  • Mid-South Super Lawyers®, Rising Star, 2017
  • Mid-South Super Lawyers®, Rising Star, 2016