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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Press Releases

Stites & Harbison Welcomes Corey Dunn

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Corey Dunn to the firm’s Louisville, Ky., office.

by Corey Dunn February 08, 2021
Client Alerts

I Mailed It . . . But Can I Prove It?

The U.S. Postal Service has seen increased demands on its services over the last year. In fact, the majority of us have had an experience with a piece of mail that took a little longer than expected to get to its destination.

by Brian R. Pollock and Chadwick A. McTighe January 28, 2021
Creditors' Sidebar

Automatic Stay Does Not Mean Debtors Get Their Cars Back Automatically

The Supreme Court has ruled unanimously that the “mere retention of property does not violate § 362(a)(3)” of the automatic stay.

by Brian R. Pollock January 19, 2021
Presentations

The Coronavirus and Beyond: Strategies for Creditors During Uncertain Economic Times

In this recorded webinar, Creditors' Rights & Bankruptcy attorneys Elizabeth Lee Thompson, Brian M. Bennett, Chrisandrea L. Turner and John S. Wathen discuss the latest legal issues impacting businesses during these uncertain economic times.

by Elizabeth Lee Thompson, Brian M. Bennett, and Chrisandrea L. Turner November 13, 2020
Client Alerts

Finally: The CFPB Has Returned . . . to the Final Rule Implementing the FDCPA in the 21st Century

On Friday, October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a new, long-awaited final rule to bring the Fair Debt Collection Practices Act (“FDCPA”) regulations into the 21st century. In announcing the change, the CFPB had the same idea as me: distinguishing the differences between pop culture and collection practices in 1977 and 2020.

by Michael B. Schwegler (Mike) November 02, 2020
Client Alerts

The Tennessee COVID-19 Recovery Act

On August 12, 2020, the Tennessee General Assembly passed the COVID-19 Recovery Act (the “Act”), which was enacted into law by Governor Bill Lee’s signature on August 17, 2020.

by Michael B. Schwegler (Mike) August 18, 2020
Press Releases

Chrisandrea Turner Named to 2020 Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers

LEXINGTON, Ky.—Lawdragon has named Stites & Harbison, PLLC attorney Chrisandrea Turner to its inaugural 2020 Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers. Turner is one of only seven Kentucky attorneys honored.

by Chrisandrea L. Turner August 14, 2020
Press Releases

Aaron Klein Selected for Membership in Louis D. Brandeis American Inn of Court

The Louis D. Brandeis American Inn of Court recently selected Stites & Harbison, PLLC attorney Aaron Klein as an Associate member.

by Aaron R. Klein July 21, 2020
Client Alerts

Creditors Take Notice: Changes to House Bills 155 and 411

Two recent bills were signed into law following the 2020 Regular Session of the Kentucky Assembly which impact creditors. House Bill 155 and House Bill 411.

by Elizabeth Lee Thompson and Bailey Browning, Summer Associate (2020) July 10, 2020
Client Alerts

Main Street Loan Program

Recently, the Federal Reserve initiated a new commercial lending facility that has been promised for months, the Main Street Lending Program (“MSLP”), consisting of three new loan facilities: the New Loan Facility, Expanded Loan Facility and Priority Loan Facility.

by Michael B. Schwegler (Mike) and J. David Wicker June 29, 2020
Press Releases

Chambers USA 2020 Honors 19 Stites & Harbison Attorneys

LOUISVILLE, Ky.—Chambers USA selected 19 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2020 guide.

by Stites & Harbison, PLLC May 05, 2020