Bankruptcy and Insolvency Proceedings

We assist creditors at all stages of the collection process, including in any bankruptcy and insolvency proceedings. In state court, we have served as court appointed receivers and represented creditors in assignments for the benefit of creditors. In bankruptcy cases, we have represented secured creditors, critical vendors, unsecured creditors and have acted as counsel for bankruptcy trustees and unsecured creditors’ committees.

In complex bankruptcy proceedings, we have represented asset buyers and other interested parties in the purchase of assets out of bankruptcy estates. Lenders, trade suppliers and other creditors have engaged us to defend them in bankruptcy adversary proceedings filed by debtors and bankruptcy trustees.

Our work has been recognized both locally and nationally, as David Anthony was named “Best of the Bar” in Bankruptcy by the Nashville Business Journal and a “Best Lawyer in America” for his work in Bankruptcy Litigation. 

Commercial Loan Documentation

We represent banks, trade vendors and other lenders in the documentation of new credit transactions across a wide array of industries, secured by various forms of collateral. Our lawyers also regularly assist clients in the negotiation, structure and documentation of amendments, renewals, restructuring and extension of existing loan facilities.

Because of our deep experience in bankruptcy and insolvency, many clients seek our counsel for strategy when their existing loans show the first signs of default. We provide strategic counsel for obtaining new collateral, new guaranties, avoiding preferential transfers, and negotiation of forbearance agreements.

Commercial Litigation

We handle a variety of litigation related to financial, commercial and real property transactions in all of the federal and state courts in Tennessee. 

While litigation is often unpredictable in both outcome and expense, we pride ourselves on our ability to provide a straight-forward plan of action at the beginning of a matter, a reasonable expectation of the budget, and, in most cases, a reliable analysis of the likelihood of success in the matter, drawn from decades of experience in similar matters.

Creditors’ Rights and Judgment Enforcement

Our lawyers are best known for their knowledge and experience in enforcing loan documents and, once a judgment is obtained, collecting the amounts owed. We routinely appear in collection and creditors rights litigation in Tennessee state and federal courts to enforce loans and unpaid credit transactions.

In our careers, we have obtained over $75 million in judgments for our clients, but we know that, in most cases, obtaining the judgment is only the beginning of the process. Once a judgment is obtained, our lawyers strategically work to collect the judgment debt by investigation and seizure of assets, including through execution, levies, lien enforcement, foreclosure sales of collateral, sheriff’s sales, and post-judgment asset discovery.

Real Estate Litigation

We provide both general and transactional counsel to a wide range of real estate clients, including landlords, investors, developers, tenants, real estate brokers and property managers, at all stages of the real estate transaction process. Our knowledge of the full spectrum of these transactional and litigation issues provides our clients with a valuable resource for analyzing any issue related to a commercial real estate project.

We also handle the litigation arising in these areas, including commercial landlord and tenant disputes, defense of mechanics’ and materialmen’s liens, ownership disputes, purchase contract disputes and other breach of contract matters.

Receiverships

We have served as court appointed receivers to assist in the management and wind-down of Tennessee businesses.  Recently, we oversaw the wind-down of a multi-location Nashville auto business, which included the consensual sale of real and property assets, handling income and sale proceeds, negotiation of resolution of federal and state tax liabilities, and distribution of funds to creditors and other stake-holders. 

We have also frequently been engaged by receivers as special counsel to handle legal issues arisings in the receivership, as well as to prosecute claims and enforce rights of the receivership.