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Creditors' Rights & Bankruptcy

We regularly negotiate and litigate complex issues in the United States Bankruptcy Courts from coast to coast and State and Federal Courts in our region.

Business insolvencies create challenges for lenders, creditors, suppliers, landlords and contract parties. With attorneys in Kentucky, Tennessee, Ohio, Georgia and Indiana, Stites & Harbison's Creditors' Rights and Bankruptcy Service Group works with our clients to find practical solutions for their issues.

The firm's practical experience in workouts, litigation and bankruptcy enables us to promptly and efficiently obtain results for our clients.

Creditors' Rights & Bankruptcy Specialty Areas
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See more related to Creditors' Rights & Bankruptcy
Articles

Stites & Harbison Adds 19 To Atlanta Team From 2 Firms

Law360 (January 24, 2022, 1:17 PM EST) -- Stites & Harbison PLLC has added 12 Copeland Stair Kingma & Lovell LLP attorneys and all seven of Owen Gleaton Egan Jones & Sweeney LLP's attorneys to its Atlanta office, the firm recently announced.

by Jack Rodgers January 25, 2022
Client Alerts

Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds

Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

by Rachel Dix Bishop, Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, Robin D. Miller, and Rebecca A. Weis January 14, 2022
Press Releases

Kentucky Super Lawyers Honors 37 Stites & Harbison Attorneys for 2022

LOUISVILLE, Ky.—The 2022 edition of Kentucky Super Lawyers recently honored 37 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 29 attorneys to the Super Lawyers list and eight attorneys to the Rising Stars list.

by Stites & Harbison, PLLC January 11, 2022
Press Releases

FCBA’s Women Lawyers’ Association Names Elizabeth Lee Thompson as Woman of the Year for 2021

LEXINGTON, Ky.—The Fayette County Bar Association’s Women Lawyers’ Association (FCBA WLA) has named Stites & Harbison, PLLC attorney Elizabeth Lee Thompson as its Woman of the Year for 2021.

by Stites & Harbison, PLLC December 17, 2021
Press Releases

Mid-South Super Lawyers®, Rising Stars 2021

NASHVILLE, Tenn.—The 2021 edition of Mid-South Super Lawyers recently honored eight Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.

by Stites & Harbison, PLLC December 03, 2021
Press Releases

Stites & Harbison Earns 82 Rankings in 2022 “Best Law Firms” List

U.S. News & World Report and Best Lawyers® have released their 2022 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 82 metropolitan rankings in six regions.

by Stites & Harbison, PLLC November 17, 2021
Creditors' Sidebar

Knowing When to Walk Away

The law governing the repossession of collateral is similar to Kenny Rogers’ advice in his classic, “The Gambler.” Like the old-time card players in Rogers’ ballad, secured parties who utilize self-help to repossess collateral must know when to walk away . . . and when to run. Indiana, like most states, allows secured parties to use “self-help” to repossess collateral securing a defaulted debt.

by Corey Dunn November 10, 2021
Press Releases

Stites & Harbison Welcomes Johnathan Burnley

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Johnathan D. Burnley to the firm’s Nashville and Franklin, Tenn., offices. He joins the Business Litigation Service Group.

by Stites & Harbison, PLLC September 16, 2021
Client Alerts

Biden Announces Plans to Mandate Vaccination for All Federal Workers and Contractors, Private Employers with 100+ Employees, and Health Care Workers at Medicare/Medicaid Facilities

President Biden has announced plans to reduce the number of unvaccinated Americans by using regulatory and other powers to increase the number of Americans covered by vaccination requirements as COVID-19 cases continue to climb.

by Rachel Dix Bishop, Shannon Antle Hamilton, Rebecca A. Weis, and Ashley Owens Hopkins September 10, 2021
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2022 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC September 01, 2021
Client Alerts

Secured Lenders Fail to Manage the Risk of “Springing Liens” at Their Peril

“Springing liens” are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing Liens can attach to real estate, for example, when the following obligations are not paid: taxes, condominium association dues, or claims for construction labor or materials.

by Elizabeth Lee Thompson July 29, 2021
Press Releases

Elizabeth Lee Thompson Appointed to NKU Board of Regents

LEXINGTON, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Elizabeth Lee Thompson as a member of the Northern Kentucky University (NKU) Board of Regents.

by Stites & Harbison, PLLC July 13, 2021
Creditors' Sidebar

The Draconian Statute Rears Its Head Again

While a colleague has likened Kentucky’s guaranty statute to Lewis G. Carroll’s Jabberwocky, the statute that frightens us more is Kentucky’s failure to release statute. It is a statute that comes with draconian penalties ($500/day plus attorney’s fees) and a lack of judicial interpretation.

by Brian R. Pollock and Calesia Henson July 06, 2021
Press Releases

Stites & Harbison Ranks 3rd on 2021 “Best Places to Work in Kentucky” List

LOUISVILLE, Ky.—Stites & Harbison, PLLC is ranked 3rd in “Best Places to Work in Kentucky” for 2021 in the medium company category. The firm has made the list 15 times.

by Stites & Harbison, PLLC June 28, 2021
Client Alerts

“No Company is Safe” — White House Urges Private Sector to Act Now in Hardening Defenses Against Growing Ransomware Threats

Following the most recent slew of high-profile ransomware attacks, the White House deputy national security adviser for cyber and emerging technology, Anne Neuberger, issued an open letter to the private sector urging action to increase cyber defenses to match the nation’s increasing ransomware threat.

by Sarah Cronan Spurlock June 10, 2021
Press Releases

Chambers USA Honors 22 Stites & Harbison Attorneys for 2021

LOUISVILLE, Ky.—Chambers USA selected 22 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2021 guide.

by Stites & Harbison, PLLC May 21, 2021
Client Alerts

Timing is Everything: A Creditor’s Errant Conclusion as to an Executory Contract Leads to Claim Denial

Although the Bankruptcy Code does not define “executory contract,” the widely adopted definition explains it as a “contract under which the obligation of both the bankrupt and the other party to the contract are so far underperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other.” Bankruptcy Judge Martin Isgur of the Southern District of Texas, In re Cornerstone Valve, LLC, et al, Case No. 19-30869, recently held that a creditor’s failure to properly analyze its contract with the debtor resulted in its otherwise valid unsecured claim being untimely filed.

by Chrisandrea L. Turner May 07, 2021
Articles

Stites & Harbison Opens First Ohio Office In Cincinnati Area

Kentucky-based Stites & Harbison PLLC has expanded its operations to Ohio for the first time in nearly 200 years with a new office in the Cincinnati suburb of Mason, the firm announced Friday. Led by member Robin D. Miller, the Cincinnati-area office is currently operating with the help of attorneys from the nearby town of Covington, Kentucky, but the firm said it hopes to hire more Cincinnati full-timers by the end of 2021.

by Robin D. Miller April 23, 2021
Press Releases

Stites & Harbison Expands Footprint, Opens First Ohio Office

CINCINNATI—Stites & Harbison, PLLC announced today it has opened a Cincinnati, Ohio office to better meet the increased needs of its clients in the region. The office will be led by Member (Partner), Robin D. Miller.

by Stites & Harbison, PLLC April 23, 2021
Creditors' Sidebar

Keeping up with the Changing Landscape of the FDCPA

Due to foreclosure and eviction moratoriums, voluntary forbearances, or the influx of government stimulus, the anticipated wave of creditor actions as a result of the pandemic have been held at bay.

by Brian R. Pollock April 20, 2021