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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, 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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"We have dealt with Stites … and the quality of their work and level of expertise of their lawyers is excellent."

U.S. News & World Report / Best Lawyers - "Best Law Firms" Client Interviews 2017
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Client Alerts

CARES Act – Relief for Small Businesses

On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act” or “Act”) passed and was signed – it is the largest economic aid package in United States history.

by Amy L. Baker and Andrew Battle Sanders April 01, 2020
Client Alerts

Information You Need on the COVID-19 Coronavirus

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 03/31/20

by Stites & Harbison, PLLC March 31, 2020
Press Releases

Brian Bennett Appointed to Greater Louisville March of Dimes Board

LOUISVILLE, Ky.—The Greater Louisville Market of the March of Dimes has appointed Stites & Harbison, PLLC attorney Brian Bennett to its Board of Directors.

by Stites & Harbison and PLLCbe March 30, 2020
Client Alerts

Department of Labor to Employers: You Must Notify Your Employees of New Paid Leave Laws by April 1, 2020

The Families First Coronavirus Response Act, effective April 1, 2020, requires certain public employers and private employers with fewer than 500 employees to provide E-FMLA and Emergency Paid Sick Leave to eligible employees. Employers must notify current employees of these benefits by circulating the official Notice of Employee Rights published by the Department of Labor.

by Rebecca A. Weis and Rachel Dix Bishop March 26, 2020
Press Releases

Mid-South Commercial Law Institute Elects Erika Barnes to its Board of Directors

NASHVILLE, Tenn.—The Mid-South Commercial Law Institute (MSCLI) recently elected Stites & Harbison, PLLC attorney Erika Barnes as a director of its 25-member Board of Directors.

by Stites & Harbison, PLLC March 25, 2020
Client Alerts

Contracts Being Tested by COVID-19

As the country takes action to slow the spread of the COVID-19 coronavirus, sporting events, concerts, and business conferences are being cancelled at an astounding rate. Each day that passes since the outbreak brings new cancellations, government containment efforts, and complex legal questions. The initial visible impact in the United States has been predominantly to the hospitality and entertainment industries, with cancellations significantly affecting venues, attendees, hotels, and caterers; however, the impact of the coronavirus is sure to touch contractual agreements across all industries moving forward. How exactly will the coronavirus affect contracts? The answer: it’s complicated.

by Richard A. Vance and Alison M. Zeitlin March 18, 2020
Press Releases

Stites & Harbison elects three attorneys to Management Committee

LOUISVILLE, Ky.—Stites & Harbison, PLLC recently elected three members to the firm’s six-member Management Committee, replacing three attorneys who completed their terms of service. The new committee members are attorneys Erika Barnes, Carol Dan Browning and Richard Wehrle.

by Stites & Harbison, PLLC March 05, 2020
Client Alerts

New Bankruptcy Law May Increase Small Business Filings

On Wednesday, February 19, 2020, the Small Business Reorganization Act of 2019 creating a new Subchapter V for small-business debtors (less than $2,725,625 in debt) becomes effective. The purpose of this act is to eliminate some of the costly elements of a business bankruptcy reorganization and streamline the procedures.

by Brian R. Pollock, Erika R. Barnes, Eric J. Breithaupt, Elizabeth Lee Thompson, and Stites & Harbison February 18, 2020
Press Releases

Brian Bennett named to 2020 Bingham Fellows Class

LOUISVILLE, Ky. (Jan. 27, 2020)—Leadership Louisville recently announced that Stites & Harbison, PLLC attorney Brian Bennett is one of 44 community leaders selected for membership in the 2020 Bingham Fellows class.

by Stites & Harbison, PLLC January 29, 2020
Creditors' Sidebar

Enforcers of Security Interests in Nonjudicial Foreclosure Proceedings Are Not Subject to Many Provisions of the Fair Debt Collection Practices Act

In March 2019, the U.S. Supreme Court issued a narrow holding that debt collectors enforcing security interests in nonjudicial proceedings are subject to only one section (Section 1692f(6)) of the Fair Debt Collection Practices Act (FDCPA).

by Katie M. Glass January 23, 2020
Client Alerts

Denial Of Stay Relief “Forms A Discrete Procedural Unit” That Must Be Immediately Appealed

On January 14, 2020, in a 9-0 ruling, the United States Supreme Court held that a creditor’s failure to appeal a stay relief denial within 14 days of the order’s entry renders the appeal untimely under 28 U.S.C. § 158(c)(2) and Fed. R. Bankr. P. 8002(a).

by Chrisandrea L. Turner January 15, 2020
Press Releases

Stites & Harbison Promotes Six Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced that six attorneys have been promoted within the law firm effective January 2020.

by Stites & Harbison, PLLC January 07, 2020
Creditors' Sidebar

It is still so Madden-ing!

We have posted twice before on the Second Circuit Court of Appeals’ incorrect decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). There, the court of appeals reversed a district court ruling and refused to enforce a Delaware choice of law provision citing the public policy inherent in the New York criminal usury statute.

by Richard A. Vance December 31, 2019
Press Releases

Stites & Harbison recognized in BTI Client Service A-Team 2020

LOUISVILLE, Ky.—BTI Consulting Group recently selected Stites & Harbison, PLLC as a standout in two key areas: investing in client relationships and client-facing communication in the prestigious BTI Client Service A-Team 2020: Survey of Law Firm Client Service Performance.

by Stites & Harbison, PLLC December 18, 2019
Press Releases

Kentucky Super Lawyers Honors 45 Stites & Harbison Attorneys for 2020

LOUISVILLE, Ky.—The 2020 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 32 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 12, 2019
Client Alerts

Into the Weeds of the USDA Hemp Regulations

The long-awaited hemp industry regulations have finally (mostly) dropped. At the end of October, the United States Department of Agriculture (“USDA”) finally issued its Interim Final Rule implementing the hemp-related provisions of the Agriculture Improvement Act of 2018 (“the 2018 Farm Bill”).

by Richard A. Vance and Grace E. L. Greenwell December 03, 2019
Press Releases

Stites & Harbison Ranked in 46 Practice Areas in the 2020 U.S. News – Best Lawyers Law Firm Survey

LOUISVILLE, Ky.—U.S. News & World Report and Best Lawyers have released their 2020 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law.

by Stites & Harbison, PLLC November 06, 2019
Press Releases

Best Lawyers in America Honors 75 Stites & Harbison attorneys for 2020

LOUISVILLE, Ky.—The Best Lawyers in America© 2020 has recognized 75 Stites & Harbison, PLLC attorneys as selected by their peers in 49 areas of practice. Forty-three of those attorneys selected have been honored for 10 consecutive years or more.

by Stites & Harbison, PLLC August 22, 2019
Press Releases

Stites & Harbison welcomes Elizabeth Anne Bowden to the Nashville office

Stites & Harbison, PLLC welcomes attorney Elizabeth Anne Bowden to its Nashville, Tenn., office.

by Stites & Harbison, PLLC August 02, 2019
Client Alerts

U.S. Supreme Court Rejects "Unreasonable but Good Faith Belief" Defense for Creditors in Violation of Discharge Injunction

Co-Author, Ameena R. Khan, Summer Associate. At the conclusion of a bankruptcy, the court typically enters an order discharging the debtor from personal liability for most pre-bankruptcy debts. This “discharge order” bars creditors from attempting to collect any debt covered by the order from the debtor personally. 11 USC § 524(a)(2).

by Stites & Harbison, PLLC June 21, 2019