90 Prospect Street
St Johnsbury, VT 05819-2241
ph: 802-748-8324
dir: 802-748-8324

Business and commercial real estate counsel – effective and experienced in resolving legal issues and getting deals done.

As a member of the Downs Rachlin Martin’s Business Law and Real Estate Groups for over two decades, Kim Butler provides effective and experienced counsel to clients in the business, commercial finance and real estate development fields. Kim advises for-profit and non-profit businesses and their owners and managers on all aspects of the business life cycle, including: entity formation, operational matters, corporate governance, contracting, equity and debt financing, succession planning, business sales, and mergers and acquisitions. Kim also works regularly with both lenders and borrowers in commercial finance transactions, including commercial loans, loan restructuring and workout transactions, and with out-of-state lenders to help ensure loan compliance with state requirements. In the commercial real estate field, Kim capably handles all phases of project development, including property acquisition, due diligence, permitting, and construction and development. In all areas, Kim works closely with her clients and draws on her extensive experience to help craft innovative and effective strategies for resolving issues and completing deals and projects.

  • Worked with a new business startup analyzing numerous aspects involved in the business’s formation, such as: business ownership, investment structure, management, business location, property acquisitions, permitting, financing, and launch date. Once the client’s goals were laid out, Kim managed all legal aspects necessary to get the business up and running, including: negotiating the project real estate acquisition, assisting with site permitting, creating real estate holding and operating companies, structuring investment classes within the operating company to allow for diversified equity investment, and working with lenders to successfully complete project financing.
  • On behalf of a national real estate development company, successfully managed the acquisition of over 1,000 acres of property from multiple owners to allow the client to create a large property core for eventual mixed-use commercial real estate development centered on an existing Vermont ski resort. Kim oversaw all property acquisition negotiations, and worked extensively with the client on numerous development diligence and project permitting matters.
  • Successfully guided a business owner through an aggressively contested ownership dispute. Faced with challenges from minority owners, and possible disruption of existing franchise and financing relationship, Kim helped the client achieve 100% ownership through negotiated buyout of the minority interests, including overseeing certain litigated aspects of the buyout, and completion of franchise restructuring and business refinancing aspects to allow the purchase of the minority interests.
  • Directed a complex loan workout for a commercial lender with a long-standing borrower that had attempted to negotiate a private sale of its business. Complicated by claims from the party to which the borrower had sought to sell its business, the lender’s goal was to maximize loan recovery while cooperating with its borrower. Kim successfully negotiated a collateral transfer agreement with the lender’s borrower, which allowed the lender to preserve and maximize collateral value, while overseeing the successful prosecution of state and federal court actions for collateral conversion by borrower’s potential buyer.
  • Represented a Vermont-based American subsidiary of an international manufacturing company in connection with debt restructuring brought about by its lender’s election to exit lending in the client’s industry. With the client facing the need to respond immediately to changes in its lending structure, Kim helped the client develop and analyze options, and structure and implement debt and equity refinancing in a very compressed time frame. Kim’s ability to respond rapidly and work with the client, its parent and new lenders, allowed the client to accomplish the necessary debt restructuring without any negative impact to operations.

Villanova University School of Law, J.D., cum laude, Order of the Coif, 1993 Executive Editor, Villanova Law Review

Dartmouth College, A.B., 1986

Admissions & Clerkships

New Hampshire, 1994

Vermont, 1994

Law clerk to the Honorable John A. Dooley, III, Vermont Supreme Court, 1993 to 1994.

Memberships & Activities
  • New Hampshire Bar Association
  • Vermont Bar Association
Community Involvement

Kim has a long history of regular involvement with a wide variety of community organizations. She currently sits on the Board of Trustees of Burke Mountain Academy. Kim is also the former member President of the Board of The Riverside School, and a former member, board member and Past President of the Littleton Rotary Club. She also has previously served as President of Affordable Housing, Education and Development (AHEAD), Inc., was founding director of the Littleton Consumer Cooperative Society, Inc., and chaired the Kirby (Vermont) Zoning Board and Planning Commission.

90 Prospect Street
St Johnsbury, VT 05819-2241
ph: 802-748-8324
dir: 802-748-8324
fax: 802-748-4394

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