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, Energy & Sustainability, 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.