Kathleen L. DiSanto

Kathleen offers her clients a unique approach to commercial dispute resolution.  While Kathleen’s practice primarily focuses on bankruptcy and insolvency matters, Kathleen is also an experienced litigator in state and federal court throughout the state of Florida.  The synergy between her bankruptcy and litigation practice is an asset to her clients and on any litigation team, as Kathleen brings a unique perspective to business disputes.   

During law school, Kathleen completed a judicial internship with the Honorable Alexander L. Paskay.  Kathleen began her career as the first law clerk to the Honorable Caryl E. Delano, Chief Judge of the United States Bankruptcy Court for the Middle District of Florida. Her judicial clerkship provided a solid foundation for her career.  Prior to joining Bush Ross in 2017, Kathleen practiced at boutique bankruptcy firm in Tampa, Florida.

Kathleen is committed to helping her clients find business solutions to their problems, whether through the bankruptcy process, litigation, or alternative dispute resolution.  She is an excellent communicator, with her clients and opposing counsel alike, and Kathleen prides herself on being highly responsive and accessible to her clients.  Kathleen regularly represents debtors and assists them in navigating the complexity of business bankruptcies. She has helped more than thirty chapter 11 debtors successfully reorganize, including many closely-held family businesses and individuals.  Kathleen is also experienced in representing creditors and trustees in the bankruptcy process and has specialized expertise in defending trustees on Barton doctrine issues.

In addition to her role as a client advocate, Kathleen is a Florida Supreme Court Certified Circuit Mediator and serves as a Subchapter V Trustee in small business cases filed under the Small Business Reorganization Act of 2019. She was appointed by the Office of the United States Trustee in April 2022, and assists parties in small business cases in facilitating the expeditious and economical confirmation of a plan.

Kathleen has been Board Certified in Business Bankruptcy law since 2014 and has held an AV-Rating from Martindale-Hubbell since 2015.  Kathleen was also the youngest president of the Tampa Bay Bankruptcy Bar Association. 

Kathleen’s representative experience includes the following:

• Represented numerous debtors, secured creditors, unsecured creditors, and trustees in complex chapter 11 bankruptcy cases, adversary proceedings, and chapter 7 cases
• Successfully confirmed multiple individual chapter 11 cases
• Successfully confirmed one of the first subchapter V cases in Tampa and have since confirmed multiple cases
• Successfully confirmed a multi-million dollar chapter 12 case of a dairy farm and farmer
• Successfully reorganized national third party logistics provider in trucking industry
• Represented post-confirmation plan trustee in over fifty avoidance actions
• Represented both plaintiffs and defendants in dischargeability litigation
• Represented plan proponent in land development company’s chapter 11 case and navigated complex issues involving community development district
• Served as lead debtor’s counsel in several mid-size chapter 11 cases, including reorganization of an apartment complex and a family-owned appliance business
• Represented multiple clients in connection with negotiating loan workouts, modifications, and forbearances and other out-of-court restructurings and prepared transactional documents in connection with the same

American Bankruptcy Institute
     Member, 2011-Present 
     Coordinating Editor for the ABI Journal, 2015-Present
     Director, Unsecured Trade Creditors' Committee, 2017-2020

American Board of Certification
     Director, Standards Committee, 2023-Present

Ferguson White Inn of Court
     Associate, 2008-2017
     Barrister, 2017-2020

The Florida Bar
     CLE Co-Chair for the Bankruptcy/UCC Committee of the Business Law Section, 2016-2018
     Grievance Committee, 13F, Member 2021-Present;Chair, 2022-Present
     Vice CLE Chair for the Business Law Section, 2023-Present 

Tampa Bay Bankruptcy Bar Association
     Member, 2010 - Present
     Board Member, 2014-2020 
     President, 2020-2021
     Chairperson, 2021-2022

AV Preeminent® Peer Review Rated, by Martindale-Hubbell®, 2015-Present

Recognized in Best Lawyers in America® 2020-Present
     Bankruptcy and Creditor Debtor Rights /Insolvency
     Reorganization Law Commercial Litigation Litigation - Bankruptcy

Florida Super Lawyers, Rising Star, 2013-2022

Florida Trend Legal Elite, Up & Comer, 2012, 2017, 2018, 2021

CERTIFICATIONS & APPOINTMENTS

American Board of Certification, Board Certified in Business Bankruptcy, October 2014-Present

Florida Supreme Court Certified Circuit Mediator, March 2022-Present

Subchapter V Trustee, United States Bankruptcy Court for the Middle District of Florida, April 2022-Present

COMMUNITY INVOLVEMENT

Gamma Phi Beta Sorority
     Financial Advisor, 2010-2020
     Financial Supervisor, 2020-Present

Tampa Connection, Class of 2019

Middle District of Florida Pro Se Assistance Clinic, Inc., a Florida Not For Profit Corporation
     Director, 2023-Present

Publications and Presentations

• Down the Rabbit Hole: An Adventure in the Wonderland of Stored-Value Card Regulation, Texas Bar Journal of Consumer and Commercial Law (Fall 2008).
• Florida Personal Property Exemption Statute: Why Courts Should Agree to Disagree over Its Interpretation, The Cramdown (Winter 2008).
• Clarifying the Florida Personal Property Exemption Statute: Was the “Right” Question Certified to the Florida Supreme Court?, The Cramdown (Spring 2010).
• Make Yourself Necessary: How to Get Paid as Debtor’s Counsel in Individual Chapter 11s, ABI Journal (June 2011).
• How Disposable Is Your Individual Chapter 11 Debtor’s Income, ABI Journal (October 2011).
• Application of Absolute Priority Rule and New Value Exception in Individual Chapter 11s, ABI Journal (July/August 2011).
• Standards of Value in Dirt-for-Debt Chapter 11s: Don’t Make a Rash Decision, ABI Journal (April 2012).
• How Efficient Is Your Market When to Apply the Till Rate in Chapter 11 Cases, ABI Journal (June 2013).
• Trust or Debtor: You Decide, ABI Journal (December 2013).
• Section 1111(b) Elections: Does “Inconsequential” Mean “None,” and Are Some Co-Equal Liens More Equal than Others?, ABI Journal (May 2016).
• When Is a Claim in “Bona Fide Dispute” under § 303(b)?, ABI Journal (October 2016).
• Third Circuit Joins Other Circuits in Holding WARN Act Exception Standard is “Probable,” Not “Possible”, Unsecured Trade Creditors Committee Newsletter (October 2017).
• When Less is Not More: Sufficient Identification of Collateral in Financing Statements, ABI Journal (May 2020).
• Borrower Beware: Don’t Pledge Your Retirement Away, The Florida Bar Out-of-State Division State-to-State (August 2021).
• Know When to Hold ‘Em, Know when to Fold ‘Em: The Differences Between a Loan and Merchant Cash Advance, ABI Journal (January 2023).
• The Kearney Fix is In: Preventing Floridians from Unintentionally Pledging Away Their Retirement, The Florida Bar Out-of-State Division State-to-State (Fall 2023).
• Close Enough Only Counts in Horseshoes—How to Ensure a Financing Statement is Not Seriously Misleading, ABI Journal (May 2024).

• Co-Presenter, Bankruptcy Basics for Accountants, FICPA, Gulf Coast Chapter (November 2011).
• Guest Lecturer, Stetson University College of Law, Documents of the Deal course (April 2016, February 2017, March 2018, April 2020, April 2024).
• Panelist, American Bankruptcy Institute, Unsecured Trade Creditors’ Committee, Involuntary Petitions – Issues to Consider Before Pulling the Trigger (February 2017).
• Co-Presenter, Paralegal Association of Florida, A Whole New World: What Happens After the Defendant You Have Been Chasing for Years Files Bankruptcy? (June 2017).
• Presenter, Tampa Bay Chapter of the Federal Bar Association Young Lawyers Division, Federal Court Practice Seminar – Motions Practice (July 2017).
• Guest Lecturer, University of Florida Levin College of Law, Advanced Bankruptcy Seminar, Involuntary Bankruptcies – One Petition to Rule Them All (April 2018, March 2019, February 2020).
• Guest Lecturer, Stetson University College of Law, Advanced Bankruptcy Seminar, Involuntary Bankruptcies – One Petition to Rule Them All (March 2019, February 2020, April 2021).
• Co-Presenter, Florida Association of County Attorneys Annual Meeting, Close Encounters with the Fourth Kind: Navigating Bankruptcy Basics (June 2019).
• Panelist, American Bankruptcy Institute, Alexander L. Paskay Memorial Bankruptcy Seminar, Bankruptcy Practice is Constantly Changing (January 2020).
• Presenter, The Florida Bar, Young Lawyers Division, Basic Bankruptcy Law (October 2020).
• Moderator, Tampa Bay Bankruptcy Bar Association, Between Three Bankruptcy Attorneys CLE Presentation (May 2021).
• Guest Lecturer, University of Tampa, Introduction to Global Business, Credit Abuse Resistance Education (November 7, 2022).
• Panelist, The Florida Bar, Real Property Probate & Trust Law Section, Estate Planning and Asset Protection for the High Net Worth Client Seminar, Overview of the Collections Process, Including State Law and Bankruptcy Considerations (February 10, 2023).
• Moderator, American Bankruptcy Institute, Alexander L. Paskay Memorial Bankruptcy Seminar, Judicial Roundtable Workouts: Problems, Problems, Problems (February 2023).
• Panelist, Tampa Bay Bankruptcy Bar Association, When is Enough Enough? The Interplay Between Good Faith and Projected Disposable Income (April 2023).
• Panelist, Tampa Bay Bankruptcy Bar Association, Merchant Cash Advances: Is it the Wild West or a New Frontier? (May 2023).
• Panelist, South West Florida Bankruptcy Professionals Association, Merchant Cash Advances: Is it the Wild West or a New Frontier? (September 2023).
• Moderator, American Bankruptcy Institute, Alexander L. Paskay Memorial Bankruptcy Seminar, Judicial Roundtable Workouts: Problems, Problems, Problems (February 2024).

Ms. DiSanto was born and raised in Northern Virginia.

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