We are seeking an attorney with 5+ years of experience in complex litigation and bankruptcy/creditor’s rights to play an integral role in the company’s legal organization. You would be the seventh in-house lawyer reporting to the Deputy General Counsel. This position requires a detail-oriented, strategic thinker capable of navigating multifaceted legal challenges independently while providing sound legal advice to protect the company’s interests. The position is a hybrid position requiring attorney to work at least three days a week in company’s office located in New York, New York or Arlington, Virginia.

What you will do:

• Complex litigation, bankruptcy/creditor’s rights, and judgment enforcement matters arising from company functions, financing agreements, bankruptcies initiated by individuals or businesses, contract disputes, as well as other matters
• Supervise outside counsel in connection with complex litigation, judgment enforcement and/or bankruptcy/creditor’s rights matters providing regular updates to senior management
• Collaborate with outside counsel to effectively manage a large portfolio of cases, ensuring alignment with company strategy and goals and maximizing efficiencies
• Provide expert legal advice and support to internal teams on litigation, bankruptcy/creditor’s rights, and judgment enforcement matters, ensuring compliance with all relevant internal policies and procedures
• Lead and participate in negotiations, mediations, and settlement discussions, as required
• Develop and implement litigation strategies to minimize risk and costs associated with legal proceedings, and advise on potential litigation risks
• Review, draft, and revise legal documents, including pleadings, motions, briefs, other court filings, and discovery
• Assist in the management of, and compliance with, legal budgets related to litigation, judgment enforcement and bankruptcy matters
• Assist in supervising team of paralegals in connection with litigation, judgment enforcement and bankruptcy matters

What We’re Looking For: 

• JD with excellent academic and professional credentials
• Must be an active member in good standing of the NY State Bar, or able to gain admission immediately upon hire.
• Exceptional analytical, oral and written communication, negotiation and organizational skills
• Flexible, with the ability to adjust to circumstances in a growing company and assist with projects on an as needed basis
• Independent, self-starter, adept at managing multiple tasks in a fast-paced environment
• Excellent presentation and training skills
• Minimum five years’ experience in complex litigation and bankruptcy/creditor’s rights at well-established US-based or international law firm
• Judicial clerkship a plus
• Judgment enforcement experience a plus
• Demonstrated ability to manage a high volume of legal matters, including coordinating with outside counsel

Kapitus Total Rewards Package Includes: 

• Competitive Base Salary Range of $121,700 - $195,300 Kapitus is providing this as a good faith salary range to comply with applicable law. The applicant’s final salary will depend on a number of factors including the applicant’s geographic location, skills, and experience.
• Quarterly Incentive Compensation Eligibility – based on meeting KPI's and metrics

The VP, Special Assets is an experienced and specialized position reporting to the SVP and Deputy General Counsel, and is responsible for managing a portfolio of high-risk and non-performing financings and distressed business for major accounts up to $5 million to mitigate losses and maximize recoveries. The role requires the development and implementation of sophisticated workout strategies, including debt restructurings, financing modifications, forbearance agreements, and liquidation, as well as the use of legal processes, to maximize recoveries and achieve optimal resolutions. The VP, Special Assets also supports counsel in legal actions and coordinates the recovery efforts by counsel and Kapitus.  

This senior role requires extensive commercial financing expertise including the management of portfolios of high-risk and non-performing accounts, strong analytical, communication, and negotiation skills, the ability to resolve complex major accounts while aligning recovery efforts with business goals and regulatory requirements. The VP, Special Assets will collaborate with various departments to document, manage, and mitigate potential risks.

What you will do:

• Develop and implement sophisticated workout strategies for collections, loss mitigation, and special asset management on complex and large balance accounts to optimize recovery and minimize losses.
• Lead negotiations with debtors, borrowers and guarantors to structure and implement complex workout solutions including debt restructuring, financing modifications, forbearance agreements and liquidations, as well as the procurement of additional collateral or other security, to achieve favorable resolutions of major accounts. Ensure accurate and complete documentation and filings are effectuated on complex and large balance accounts (e.g., UCC filings, mortgages, deeds of trust, and vehicle titles).
• Ensure all recovery efforts comply with legal requirements and internal policies and procedures and are documented properly in Kapitus’s system of record.
• Collaborate with, and assist, in house and outside counsel with major account litigation, bankruptcies and state law insolvency proceedings, workouts, and legal strategies and processes as needed. Coordinate all recovery efforts between counsel and Kapitus.
• Conduct comprehensive analysis and review of financial statements (balance sheets, income statements, cash flow statements), bank statements and other business and personal financial records as well as cash flow analyses to identify  risk on non performing major accounts and potential problem financings  and develop strategies to mitigate these risks and favorably resolve these accounts.
• Monitor and track the performance of troubled accounts, analyze trends, and prepare regular reports for senior management on the status of high risk accounts and recovery efforts.
• Partner with in house counsel, major accounts, risk, underwriting, operations, and senior management to monitor risk, execute workout, and develop recovery strategies.
• Implement escalation protocols for all key risks and controls to ensure escalation occurs, when necessary, in a timely manner.
• Coach, mentor, and train staff as well as other team members in recovery risk mitigation protocols and processes.
• Stay up to date on policy and procedures, as well as business and economic developments which impact the financing portfolio in general

What we’re looking for:

• Bachelor’s degree required, MBA preferred with a focus in Business, Management, Quantitative field (statistics, data engineering, finance, etc.)
• CPA or CTA (Certified Turnaround Professional) highly desirable
• 7+ years of experience in managing portfolios of high-risk and non-performing commercial financings, including developing and implementing workouts, restructurings, liquidations and other recovery methods, as well as  credit risk, and distressed asset management, with a proven track record of successfully resolving complex distressed accounts.
• 7+ years of experience negotiating complex restructurings, settlements, forbearance and workout agreements.
• 7+ years of experience in supporting counsel with major account litigation, bankruptcy and state law insolvency proceedings, workouts and legal strategies to maximize net recoveries.
• Deep understanding of commercial financing including traditional loans and revenue based financings, performance guarantees, security agreements and collateral, creditor’s rights and remedies including without limitation, credit card processor restraints, UCC demands and sales, foreclosure, and judgment enforcement.
• Knowledge and understanding of evolving regulatory environments and governance processes including bankruptcy and UCC filings.
• Proficiency in financial modeling and analysis
• Effectively utilize various tools and techniques, including financial ratios, to evaluate a borrower's financial strength and assess risk.
• Strong analytical, negotiation, and communication skills, with the ability to interact effectively with internal and external stakeholders at all levels.
• Confidentiality and integrity a must
• Attention to detail
• Excellent organization and time management
• Excellent problem-solving and reasoning skills
• Ability to deal with ambiguity and change
• Excellent verbal and written communication skills
• Strong business literacy

Kapitus Total Rewards Package Includes: 

• Competitive Base Salary Range of $130,300-$209,000 Kapitus is providing this as a good faith salary range to comply with applicable law. The applicant’s final salary will depend on a number of factors including the applicant’s geographic location, skills, and experience.
• Quarterly Legal Bonus