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Joseph B.C. Kluttz

Partner
Charlotte
+1.704.331.7485
Fax +1..704.353.3185

Primary Practice

Secondary Practices

Education

  • J.D., University of Virginia School of Law, 1977
  • A.B., Princeton University, 1973, (cum laude)

Admissions

  • Bar of North Carolina
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Kluttz is a partner in the Charlotte office and focuses his practice on the structuring and restructuring of large financial transactions to avoid and manage insolvency risk. He has had extensive experience with Chapter 11 bankruptcies.

Publications

  • Numerous articles, seminar presentations and manuscripts on Chapter 11 and insolvency practice issues

Professional Background

Prior to attending law school, Mr. Kluttz was a staff member of the United States Senate Subcommittee on Constitutional Rights.

Achievements

  • Best Lawyers in America, Bankruptcy and Creditor-Debtor Rights Law, 2012 and prior years
  • North Carolina Super Lawyers, Bankruptcy & Creditor/Debtor Rights, 2012 and prior years
  • Chambers USA: America's Leading Business Lawyers, Bankruptcy/Restructuring, 2012 and prior years
  • Recipient, Thomas S, Kenan III Medal for leadership in the arts

Professional/Civic Activities

  • American Bankruptcy Institute  
  • Turnaround Management Association  
  • North Carolina Bar Association
    • Business Law Section Council, 2002-2006, Executive Committee, 2004-2006
    • Committee to Review Revised Article 9, 1999-2000  
  • Official North Carolina Comment to Uniform Fraudulent Transfer Act, Drafting Committee, 1997  
  • North Carolina Museum of Art Foundation (Board of Trustees, 2002-2010; President,  2006-2010)
  • Charlotte-Mecklenburg Historic Landmarks Commission (Member, 1979-1987; Chair, 1986-1987; Re-appointed, 2002-2008)
  • Christ Church Foundation (Member, 1989-1995; Board of Directors, 2001-2006; Chair, 2005-2006) 
  • Historic Rosedale Foundation (Board of Directors, 1988-1998; Chair, 1997)  
  • North Carolina  Citizens for Business and Industry (Board of Directors, 2001-2008)
  • Mint Museum of Art, (Board of Directors, 1988-1994)
  • Served as counsel for major national banks as agent and participant in a number of syndicated and bilateral credit transactions in need of restructuring.
  • Orchestrated sales in and out of Chapter 11, including consensual and non-consensual Article 9 and real estate foreclosure sales, of assets securing hundreds of millions of dollars in senior debt.
  • Represented private equity investors in restructuring of subordinated debt, preferred stock, and other forms of mezzanine investments.
  • Served as lead bankruptcy counsel for Fortune 500 company in trial in Delaware Bankruptcy Court resulting in award and collection of judgment on “critical vendor” claim in excess of $29,000,000, including prejudgment interest and attorneys’ fees for bad faith.
  • Represented a major snack food manufacturer in acquisition, through Section 363 sales, of operating assets of two other large snack food manufacturers in separate bankruptcy proceedings.
  • Represented global and national contractors in a number of client and subcontractor bankruptcies and restructurings, including the successful restructuring of a multi-project power generation matter involving potential exposure of several hundreds of millions of dollars.
  • Represented debtor in Chapter 11 proceeding in one of the largest trucking bankruptcies in the United States.
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