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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Events

Better Understand the Scope and Extent of the Fair Credit Reporting Act

Date: 7/29/22
Time: 1:00 p.m. - 2:05 p.m.

Live Webinar

Brian Bennett will be the speaker at this Lorman live webinar on June 14, 2022.

Brian M. Bennett June 07, 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
Events

Avoiding Current FDCPA and Foreclosure Compliance Mistakes

Date: 3/14/22
Time: 1:00 p.m. - 4:15 p.m.

Webinar

Attorney Brian Bennett will be a speaker at this NBI seminar on March 14, 2022 and it will be available for OnDemand Video by March 17, 2022.

Brian M. Bennett March 07, 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
Creditors' Sidebar

Knowing When to Walk Away

The law governing the repossession of collateral is similar to Kenny Rogers’ advice in his classic, “The Gambler.” Like the old-time card players in Rogers’ ballad, secured parties who utilize self-help to repossess collateral must know when to walk away . . . and when to run. Indiana, like most states, allows secured parties to use “self-help” to repossess collateral securing a defaulted debt.

by Corey Dunn November 10, 2021
Client Alerts

Secured Lenders Fail to Manage the Risk of “Springing Liens” at Their Peril

“Springing liens” are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing Liens can attach to real estate, for example, when the following obligations are not paid: taxes, condominium association dues, or claims for construction labor or materials.

by Elizabeth Lee Thompson July 29, 2021
Press Releases

Elizabeth Lee Thompson Appointed to NKU Board of Regents

LEXINGTON, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Elizabeth Lee Thompson as a member of the Northern Kentucky University (NKU) Board of Regents.

by Stites & Harbison, PLLC July 13, 2021
Creditors' Sidebar

The Draconian Statute Rears Its Head Again

While a colleague has likened Kentucky’s guaranty statute to Lewis G. Carroll’s Jabberwocky, the statute that frightens us more is Kentucky’s failure to release statute. It is a statute that comes with draconian penalties ($500/day plus attorney’s fees) and a lack of judicial interpretation.

by Brian R. Pollock and Calesia Henson July 06, 2021