Creditors' Rights, Out-of-Court Workouts & Commercial Litigation
The attorneys of Stites & Harbison’s Creditors' Rights & Bankruptcy Service Group advise and represent clients in workout negotiations, default and foreclosure and actions in state courts, and in contested matters and adversary proceedings arising under Chapters 7, 11, 12 and 13 of the United States Bankruptcy Code. We also handle creditor defense and bankruptcy litigation.
Our experience includes:
- Financial institution representation
- Creditor defense and bankruptcy litigation
- Work for secured creditors, trade and other unsecured creditors, landlords, insurance companies, equipment lessors, creditors' committees, indenture trustees, liquidating trustees and preference- and fraudulent-conveyance defendants
Members of the Creditors' Rights & Bankruptcy Service Group regularly partner with members of other Stites & Harbison practice groups including Environmental and Natural Resources, Intellectual Property, Construction, Real Estate and Banking, and Health Care to negotiate and litigate complex issues in United States Bankruptcy Courts from coast to coast.
Representative Matters:
- Represented the D-I-P lender and successful purchaser in the Chapter 11 bankruptcy of a hospital.
- Successfully negotiated an 11 U.S.C. Section 363 sale of all of the hospital's assets to the client within 90 days of the petition.
- Handled two foreclosures of entire subdivision developments in Southern Indiana.
- Representing a hedge fund, obtained a favorable judgment against the guarantor to recover fraudulent transfer.
- Representing a title insurance company in litigation brought by Chapter 11 debtor's mortgage warehouse lender.
- Seeking judgment and possession of Limobus in Jefferson County, Kentucky.
56th Georgia Defense Lawyers Association (GDLA) Annual Meeting
The Breakers, One South County Road, Palm Beach, FL 33480
Don't miss the 56th GDLA Annual Meeting at The Breakers in Palm Beach, Florida from June 15-18. Earn CLE hours* and network with your friends and colleagues at various social events. Atlanta office attorney Jennifer Guerra will be a speaker at the event.
21st Annual Kentucky Environmental Conference
Griffin Gate Marriott Golf Resort & Spa, 1800 Newtown Pike, Lexington, Ky. 40511
Where can you find the latest information on Kentucky and federal environmental policies and regulations, as well as information on new environmental compliance mandates? The Kentucky Chamber of Commerce will provide this and more at our annual Kentucky Environmental Conference. You will leave this conference with a detailed, up-to-the-minute review of major environmental regulatory issues that affect your facility. Environmental attorney Jennifer Cave will be a speaker.
Emerging 100 of Atlanta Inducts Brandon Sartin
ATLANTA—Emerging 100 of Atlanta (E100 Atlanta) has inducted Stites & Harbison, PLLC attorney Brandon D. Sartin as one of 27 new members. The induction ceremony was held in December of 2022.
Bankruptcy Discharge Trumps PACA, But Does It Really?
In a case of first impression, the 11th Circuit Court of Appeals ruled in Spring Valley Produce, Inc. et al. vs. Forrest, ____ F.3d____(11th Cir. Case Number 21-12133) on August 31, 2022, that the right to a discharge in bankruptcy trumps the longstanding language of the Perishable Agricultural Commodities Act (“PACA”)(7 U.S.C. §499a-499t) which purports to bar bankruptcy relief under theories of fiduciary duties owed to certain sellers of agricultural products.
Local Bankruptcy Rules: Kentucky (E.D. KY)
Bankruptcy attorneys Brian Pollock, Chrisandrea Turner and Elizabeth Thompson discuss Kentucky bankruptcy rules in this Practical Law Practice Note.
Chrisandrea Turner Named Chair-Elect of the Kentucky Bar Association’s Bankruptcy Section
LEXINGTON, Ky.—At the Kentucky Bar Association’s Bankruptcy Law Section annual meeting, Stites & Harbison, PLLC attorney Chrisandrea Turner was named Chair-Elect of the Bankruptcy Law Section. Turner will serve a one-year term.
Local Bankruptcy Rules: Kentucky (W.D. Ky.)
Stites & Harbison attorneys, Brian Pollock, Chrissie Turner and Corey Dunn recently published an article for Thomson Reuters focused on local bankruptcy rules for the Western District of Kentucky.
Chrisandrea Turner Appointed Chair of Stites & Harbison's Creditors' Rights & Bankruptcy Service Group
LEXINGTON, Ky.—Stites & Harbison, PLLC is pleased to announce that attorney Chrisandrea Turner has been appointed Chair of the firm’s Creditors’ Rights & Bankruptcy Service Group.