Luke A. KillLuke A. Kill

Mr. Kill practices in the commercial and bankruptcy litigation area relating to business law, real property, financing and leasing. He represents various commercial clients including developers and managers in retail, office, and industrial properties. Work in this area includes assisting clients with lease litigation, bankruptcy creditor work, commercial insurance coverage issues, lien foreclosures, receiverships, construction and general business litigation.

In the bankruptcy context, Mr. Kill has represented creditors and landlords in national bankruptcies in Delaware and other jurisdictions through the use and supervision of local counsel. He has also represented national and state student loan guarantee agencies in adversary proceedings concerning dischargeability of professional and post secondary school loans.

Representative Matters:

  • Successfully prosecuted $18 million claim on behalf of national bank through a combination of state and bankruptcy courts relating to savings and loan crisis.
  • Served as court appointed Receiver to operate warranty services company with insurance regulatory and tax issues.
  • Successfully defended $30 million construction and wrongful death claim.
  • Represented commercial Landlords in countless retail, office, and industrial lease disputes.
  • Several real property restrictive covenant cases litigated through judgment and appeal.
  • Lead trial counsel for many adversary proceedings involving bench trials in bankruptcy court.
  • Successfully defended multiple construction injury/wrongful death claims.

Representative Cases:

  • Hemar Ins. Corp. v. Cox, 338 F.3d 1238 (11th Cir. 2003)
  • Rainbow USA, Inc. v. Cumberland Mall, LLC, 301 Ga. App. 642, 688 S.E.2d 631 (2009)
  • Fine v. Apac-Georgia, Inc., 192 Ga. App. 895, 386 S.E.2d 692 (1989)
  • Illinois Student Assistance Commission v. Cox (In re: Cox), 273 B.R. 719 (N.D. Ga. 2002)
  • Adams v. Apac-Georgia, Inc., 236 Ga. App. 215, 511 S.E.2d 581 (1999)
  • Gleaton v. Apac-Georgia, Inc., 228 Ga. App. 52, 491 S.E.2d 138 (1997)
  • CRA Transportation, Inc. v. Rolls-Royce Motors, Inc., 204 Ga. App. 825, 420 S.E.2d 757 (1992)
  • Sofran Peachtree City LLC v. Peachtree City Holdings LLC, 250 Ga. App. 46, 550 S.E.2d 429 (2001)

Education:

  • Georgetown University, Washington, DC
    A.B., American Government
  • Case Western Reserve University, Cleveland, OH
    J.D.

Published Works:

  • Compulsory Cross-Claims?, 5 Georgia State Bar Journal 48, October 1999
  • COMMENTARY: Donít Overrate the Robinson Decision
    Analysis of summary judgment procedure in Lauís Corp. v. Haskins, 261 Ga. 491 (1991) and Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Fulton County Daily Report, February 10, 1998.
  • Auditors - A Beacon in Complex Litigation, 25 Georgia State Bar Journal 208, May, 1989
  • Commercial Liability Coverage, The Atlanta Journal and Constitution, June 2, 1986
  • The Liability Insurance Policy - Above and Beyond Coverage: Extra-Contractual Rights and Duties, 22 Georgia State Bar Journal 134, February, 1986

Served three years active duty as Commissioned Officer, United States Army

One Overton Park, Suite 980   |   3625 Cumberland Boulevard   |   Atlanta, Georgia 30339

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