Kevin J. Funk
Kevin Funk practices in the firm’s Commercial Litigation and Bankruptcy practice groups focusing on general commercial litigation in state and federal courts and in arbitration proceedings. Mr. Funk has experience handling all kinds of contract disputes — especially those involving the construction, real estate, and financial services industries. Additionally, Mr. Funk frequently represents clients in connection with disputes arising over non-compete/non-solicitation agreements in the securities industry and other industries. In the bankruptcy field, Mr. Funk has represented creditors, debtors, and Chapter 7 trustees in all types of bankruptcy matters including preference actions, fraudulent transfers, motions for relief from the automatic stay, and dischargeability suits.
Mr. Funk has been recognized by Virginia Super Lawyers as a “Rising Star” in Business Litigation for 2010, 2011 and 2012.
Mr. Funk earned his law degree cum laude from the University of Richmond School of Law in 2003, where he served as Articles Editor of Richmond Law Review. He received a Bachelor of Arts degree in Politics from Washington & Lee University in 2000.
Immediately following law school, Mr. Funk served as a law clerk to the Honorable William F. Stone, Jr., United States Bankruptcy Court for the Western District of Virginia.
Representative Clients / Matters
- Defended a major national mortgage lender in a $5.2 million fraudulent conveyance suit in federal court.
- Defended numerous mortgage lenders in repurchase and indemnification suits in federal court.
- Represented forty creditors holding approximately $40 million in claims in the LandAmerica 1031 Exchange Services, Inc. bankruptcy.
- Obtained a $1.5 million judgment in Richmond Circuit Court on behalf of a petroleum distributor in a breach of contract case, and successfully defended the judgment on appeal to the Virginia Supreme Court.
- Successfully defended a landowner in a prosecution by a county for violation of a zoning ordinance.
- Successfully defended a contractor in a prosecution by a county for violation of the building code.
- Obtained a preliminary injunction against a county on behalf of a developer to prevent the county from drawing on a letter of credit issued to secure performance under a site plan.
- Served as debtor’s counsel in The Mattress King, Inc. Chapter 11 bankruptcy.
- Successfully represented multiple contractors and other professionals in matters before the Virginia Department of Professional and Occupational Regulation.
Articles, Seminars, and News
- Panelist, Fighting the Trustee – Litigating Real Property Issues in Bankruptcy Following the Market Collapse, American Bar Association, Annual Meeting, San Francisco, CA, August 2010.
- Author, So You Thought Your Proceeds Belonged To You? The Interplay Between Like-Kind Exchanges Under The Tax And Bankruptcy Codes, ALI-ABA, The Practical Tax Lawyer, Winter 2010.