Creditors' Rights & Bankruptcy

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.
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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

Aaron Klein named as an ABA TIPS Now! Fellow

LOUISVILLE, Ky.—The American Bar Association (ABA) recently named Stites & Harbison, PLLC attorney Aaron Klein as a 2019-20 TIPS Now! Fellow.

by Stites & Harbison, PLLC September 04, 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
Client Alerts

Kentucky General Assembly Approves Electronic Recording and Notarization

The General Assembly recently passed Senate Bill 114 into law, which will reform Kentucky’s recording and notary laws in two significant ways: county clerks will soon be able to record real estate deeds, mortgages and other documents electronically, and notaries public will be able to notarize real estate documents electronically and remotely.

by Richard A. Vance April 09, 2019
Client Alerts

The Tennessee Supreme Court Finally Weighs in on Whether and How the Discovery Rule Applies in Breach-of-Contract Claims

For the last couple of years, Tennessee practitioners have been waiting for the Tennessee Supreme Court to resolve the debate as to whether the Discovery Rule applies to toll the six year statute of limitations in breach-of-contract cases.

by Michael B. Schwegler (Mike) February 28, 2019
Press Releases

Aaron Klein Elected to Farmington Historic Plantation Board of Regents

LOUISVILLE, Ky.—Farmington Historic Plantation has elected Stites & Harbison, PLLC attorney Aaron Klein to its Board of Regents.

by Stites & Harbison, PLLC February 22, 2019
Articles

Offsite Construction #Trending

Offsite construction is trending in the U.S. All one needs to do is perform a quick Google search to see that offsite projects are impacting US markets from coast to coast.

by Aaron R. Klein January 11, 2019
Press Releases

Stites & Harbison Welcomes Michael Schwegler to the Nashville Office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Michael Schwegler to the Nashville, Tenn., office. He joins the Real Estate & Banking Service Group as a Member (Partner) of the firm.

by Stites & Harbison, PLLC December 28, 2018
Press Releases

Stites & Harbison Welcomes Three Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announces the addition of three attorneys to the firm. Two are based in the Louisville, Ky., office; one is based in the Lexington, Ky., office. All are admitted to practice in Kentucky.

by Stites & Harbison, PLLC December 27, 2018
Client Alerts

2018 Farm Bill Finally Blossoms Into Law, Hemp Here to Stay

On December 20th, President Donald J. Trump signed the 2018 Farm Bill into law, ending any speculation surrounding the bill’s in-limbo status. Following a series of rejections and revisions, the bill’s newest version was overwhelmingly approved by the Senate 87-13 on December 11, 2018, and passed by the House in a lopsided 369-47 vote the next day.

by Richard A. Vance December 21, 2018