Kimberly M.J. Sims

Member
Direct: (214) 888-3106
Mobile: (972) 800-9141
Fax: (214) 888-3109
Email: ksims@palterlaw.com
Vcard: 
Kimberly Sims recognizes that there is simply not enough time in the day to handle all of the complications involved in running a 21st century business. Accordingly, she works closely with her clients to FOCUS on what’s important, and to implement efficient, effective solutions for business disputes. Her litigation experience also makes her the ideal person to turn to for ideas on how to prevent problems before they arise.


Education:

Texas Tech School of Law
J.D. magna cum laude
- Order of the Coif
University of Texas at Austin
B.A. Government

Bar Admissions:

Texas and New Mexico
United States Supreme Court
U.S. Court of Appeals for the Fifth Circuit
U.S. District Courts (all Texas districts)
U.S. Bankruptcy Courts (all Texas districts)

Bio:

Kimberly Sims represents business owners, property owners and property managers. She focuses on preventing landlord/tenant issues and assists owners and managers in resolving tenant, vendor and employee disputes. She also assists owners and managers in resolving complaints through government agencies, including fair housing and discrimination complaints.

Kimberly also represents business owners, property owners and property managers in both consumer and business bankruptcy proceedings, including pursuing creditors’ claims, objecting to discharge, seeking relief from the automatic stay and defending creditors against claims.

In addition, Kimberly represents and advises business owners involved in a variety of disputes, and assists in efforts to prevent the escalation of disputes into litigation. From daily counseling of clients as to whether to enter into certain contracts, determining lease obligations, or discussing employment matters, Kimberly seeks to help her clients avoid litigation. If litigation cannot be avoided, however, she aggressively pursues her clients’ claims and protects their interests.

Representative Matters:

• Prosecution of tenant by landlord for collection of rent upon abandonment of leased property, resulting in settlement in favor of landlord.
• Representation of landlord in appeal of eviction, resulting in dismissal of appeal (and possession by landlord while appeal was pending.
• Defense of landlord on fair housing claim, resulting in dismissal of claim by government agency.
• Prosecution of employee theft claim, resulting in settlement in favor of business.
• Defense of construction defect and personal injury claims by homeowner against homebuilder, resulting in nominal award for homeowner (less than 3% of amount of damages claimed) and no attorneys’ fees.
• Prosecution of seller of commercial real estate on behalf of purchasers based on fraudulent disclosures by seller, resulting in settlement in favor of purchasers.
• Defense of landlord against tenant claiming damages based on theft of property during lock-out, resolved by granting of summary judgment in favor of landlord.
• Defense of web designer based on breach of contract claim, resulting in take-nothing judgment for claimant.
• Prosecution of limited partner claims against general partner, resulting in settlement of partner disputes.
• Prosecution of lender claims in bankruptcy proceeding, resulting in recovery of full amount of loan proceeds.

Publications / Presentations:

• Featured in "The Magnificent Seven," Dimensions Magazine, June 2017, Apartment Association of Tarrant County Publication.
• "When a Resident Dies" -- Apartment Association of Tarrant County “Lunch & Law” Event, 2017
• "When a Resident Files Bankruptcy" -- Apartment Association of Tarrant County “Lunch & Law” Event, 2016
• Landlord-Tenant Law Seminar, 2012
• The Impact of Stern vs. Marshall: Jurisdictional Concerns in Bankruptcy Courts in 2012: Bankruptcy and Financial Restructuring Law 2012: Top Lawyers on Trends and Key Strategies for the Upcoming Year (Aspatore Thought Leadership)
• Inside the Minds: Chapter 7 Commercial Bankruptcy Strategies, ©West Publishing 2011
• Inside the Minds: Navigating Recent Bankruptcy Law Trends, Aspatore, ©West Publishing 2010
• Spousal Liability in Ponzi Schemes, Westlaw Journal, Vol. 7, Issue 1 (May 14, 2010)
• Contributor to Representing Lenders in Commercial Foreclosures: Understanding the Unique Challenges of Commercial Foreclosures and the Best Strategies for Countering Borrower Defenses, Aspatore, ©West Publishing 2010
• Trustee or Auctioneer: Use of 363 Sales to (Theoretically) Enhance the Value of the Estate, Aspatore, ©West Publication 2010
• Landlord/Tenant Law in Texas Seminar 2009: Problem Tenants - Tenant Rights and Landlord Responsibilities
• Landlord/Tenant Law in Texas Seminar 2008: Problem Tenants - Tenant Rights and Landlord Responsibilities
• Landlord/Tenant Law in Texas Seminar 2007: Beyond the Basics

Published Cases
Challenger Gaming Solutions, Inc. v. Earp, 402 S.W.3d 290, 296 (Tex. App.—Dallas 2013)
Brauss v. Triple M Holding GmbH, 411 S.W.3d 614 (Tex. App. –Dallas 2013)
McCray v. Hoag, 372 S.W.3d 237 (Tex. App.—Dallas 2012)
Hunter v. PriceKubecka, PLLC, 339 S.W.3d 795, 802 (Tex. App.— Dallas 2011)

Professional Affiliations:

• Texas Bar Foundation, Fellow
• Dallas Bar Association
Bench Bar Conference Committee, Co-Vice-Chair 2014-2016
Speakers Committee, 2012, 2013
Bench Bar Committee, 2010-2017
• Attorneys Serving the Community, 2010 to the present
Membership Committee, 2016-2017
• Apartment Association of Greater Dallas (AAGD)
• Texas Apartment Association (TAA)
• Apartment Association of Tarrant County

Awards / Honors:

After being a "Rising Star" for seven consecutive years, Kimberly Sims earned Super Lawyer honors in 2015 and 2016. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations, tabulated by research firm Thomson Reuters.

Texas Super Lawyers previously named Kimberly Sims on its “Rising Star” lists for 2008-2014. To compile this list, research firm Thomson Reuters seeks nominations from the over 80,000 attorneys practicing in Texas, and selects finalists through a patented, multi-phase process. While up to 5 percent of the lawyers in Texas are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars. To be eligible for Rising Stars, a lawyer must be 40 years old or younger, or in practice for 10 years or less.

Community/Interests:

iGNiTE
Chair, Advisory Council 2017-2018
State Board Member 2015-2016
--Co-chair Community Outreach

Parents' Club of St. Rita Catholic School of Dallas (K-8)
Executive Board 2014-2017