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

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.

by Eric J. Breithaupt September 07, 2022
Articles

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.

by Brian R. Pollock, Elizabeth Lee Thompson, and Chrisandrea L. Turner August 03, 2022
Press Releases

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.

by Stites & Harbison, PLLC July 12, 2022
Articles

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.

by Brian R. Pollock, Chrisandrea L. Turner, and Corey Dunn May 16, 2022
Press Releases

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.

by Stites & Harbison, PLLC April 06, 2022
Events

The Back on Track Series: Training, Forging Relationships, and Building Firm Culture with Younger Lawyers in the New Normal

Date: 4/1/22
Time: 7:30 a.m. - 9:00 a.m.

Ansley Golf Club, 196 Montgomery Ferry Drive, Atlanta, GA 30309

Atlanta office attorney Matt Gass will be a panelist for this seminar presented by the Atlanta Bar Association.

Matthew A. Gass (Matt) March 16, 2022
Press Releases

Stites & Harbison Continues Expansion in Atlanta – Lands Commercial Litigation Team of 12 from Copeland, Stair, Kingma & Lovell LLP

ATLANTA—Stites & Harbison, PLLC is pleased to announce that 12 attorneys from Copeland, Stair, Kingma & Lovell, LLP (CSKL), including named Partner Johannes S. Kingma, Managing Partner Shannon M. Sprinkle and General Counsel William D. Newcomb, have joined Stites & Harbison’s Atlanta office.

by Stites & Harbison, PLLC January 24, 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