Loan Workouts and Restructurings
Represented secured lender in restructuring multimillion credit facility to Alabama based automotive company, which included a real estate term loan, equipment term loan, and working line of credit.
Represented secured lender in restructuring multimillion credit facility supporting commercial complex outside of Atlanta, which included an overhaul of existing ownership and organizational structure of the borrower.
Represented secured lender in obtaining full payoff on a multimillion USDA loan made to Texas based biochemical company where note was sold to third party and lender recouped all losses and protected advances under USDA Guaranty.
Represented secured lender in restructuring multimillion credit facility secured by corporate jet and commercial and residential properties in Texas and Oklahoma.
Currently representing secured lender in restructuring multi-million credit facility collateralized by various commercial properties in Huntsville, AL.
Receiverships
Wells Fargo Bank v. New Covenant Fellowship Church, et al. (N.D. Ala.)
Represented Wells Fargo Bank before the United States District Court for the Northern District of Alabama in obtaining the appointment of a receiver over a large church in Birmingham, AL, and the subsequent receiver sale of the church.
Wachovia Bank v. The Estate of Charles E. McNeil, Sr., et al. (S.D. Ala.)
Represented Wachovia Bank before the United States District Court for the Southern District of Alabama in obtaining the appointment of a receiver over a corporate complex in Mobile, AL, and the subsequent receiver sale of the business complex.
Midland Loan Services, Inc. v. Crown Pointe I, LLC (Circuit Court of Tuscaloosa County, Alabama)
Represented Midland Loan Services in obtaining the appointment of a receiver over a multifamily residential complex in Tuscaloosa, AL.
Midland Loan Services, Inc. v. WEC 99A-1 LLC (Circuit Court of Calhoun County, Alabama)
Represented Midland Loan Services in obtaining the appointment of a receiver over a former Circuit City outlet in Anniston, AL.
Representation of Primary Secured Lender in Chapter 11 Cases
In re J & E Land Co. (Bankr. N.D. Ala.)
Represented primary secured lender in Chapter 11 bankruptcy of Alabama real estate holding company and negotiated and obtained confirmation of liquidating plan filed on behalf of secured lender.
In re Daniels Capital Corporation (Bankr. N.D. Ala.)
Currently representing primary secured lender in Chapter 11 bankruptcy of Alabama based factoring company, which was the largest Chapter 11 filed in the Northern District of Alabama in 2014.
Representation of Debtors in Chapter 11 Cases
In re Dixie Pellets, LLC (Bankr. N.D. Ala.)
Served as Chapter 11 counsel for Dixie Pellets, LLC, a manufacturer and exporter of wood-based biomass products, and assisted in obtaining approval of the sale of substantially all of the company’s assets and in obtaining confirmation of a liquidating plan.
In re Oreck Corporation, et al. (Bankr. M.D. Tenn.)
Currently serving as Chapter 11 counsel for Oreck Corporation, one of the nation’s largest manufacturers of vacuum cleaners, and litigating stay relief and class certification sought by putative class claimants as well as a multimillion-dollar dispute arising from the sale of substantially all of the company’s assets to the parent company of Hoover vacuum.
Representation of Purchasers of Distressed Debt
Routinely represent purchasers of distressed debt, including ECP Financial (Excelsior Capital), Greenwich Investors, and DCR Capital, in loan workouts and restructurings, foreclosure, bankruptcy and deficiency litigation.
Representation of Mortgage Servicers
Routinely represent mortgage servicers, including Ocwen, Bank of America, Seterus and Nationstar, in defending claims for discharge violations, automatic stay violations and violations of confirmed chapter 13 plans.
In re Holoka (Bankr. N.D. Fla.)Represented mortgage servicer in obtaining landmark ruling in the United States Bankruptcy Court for the Northern District of Florida, establishing that a secured lender is not required to accept or foreclose on collateral surrendered pursuant to a confirmed bankruptcy plan, despite a borrower’s continuing liability for nondischargeable HOA fees.
Foreclosures, Garnishments, Executions, and Other Creditor Remedies
Represented secured lender in foreclosing on 388 unit multifamily apartment complex in Huntsville, AL.
Represented secured lender in foreclosing on one of the largest bowling alleys and family fun centers in the greater Birmingham area.
Represented judgment creditor in domesticating Georgia State court judgment in Alabama, obtaining charging order on all financial distributions from Alabama limited liability companies owned by debtor, and then successfully garnished the main brokerage account of judgment debtor in satisfaction of the judgment debt.
Represented judgment creditor in domesticating Ohio State court judgment in Alabama, and then successfully garnished the main operating account of the judgment debt in full satisfaction of the judgment debt.
Represented judgment creditor in the execution and levy of over 20,000 pairs of shoes and related exercise apparel and equipment in partial satisfaction of judgment debt.
Defense of Preference and Avoidance Actions
The Colonial BancGroup, Inc. v. Branch Banking and Trust Company (M.D. Ala.)
Currently Defending BB&T in $325 million avoidance action brought by the Liquidating Trustee in the Chapter 11 bankruptcy of the Colonial BancGroup in an attempt to claw back REIT Preferred Securities purchased by BB&T out of FDIC-Receivership following the shutdown and seizure of Colonial Bank.
Delphi Corporation, et al. v. Multitronics Inc. (Bankr. S.D.N.Y.)
Defended multimillion-dollar preference action brought by Liquidating Trustee against an electronic parts supplier in Delphi’s Chapter 11 bankruptcy in the United States Bankruptcy Court for the Southern District of New York.
GUC Liquidating Trustee of the GUC Liquidating Trust of Intermet Corporation v. Mtronics.com Inc. (Bankr. Del.)
Defended separate preference action asserted against the same electronic parts supplier in Intermet’s Chapter 11 bankruptcy in the United States Bankruptcy Court for the District of Delaware.
Alfred H. Siegel, as Trustee of the Circuit City Stores, Inc. Liquidating Trust v. The Stewart/Perry Company, Inc. (Bankr. E.D. Va.)
Defended Alabama-based construction company against multimillion-dollar preference action brought by the Liquidating Trustee appointed in the Chapter 11 bankruptcy of Circuit City and had cased dismissed on novel legal premise that leasehold interest provided full security to shelter allegedly preferential payments.
Susan R. Limor, Trustee v. Wells Fargo Bank, N.A., et al. (Bankr. M.D. Tenn.)
Defended Wells Fargo Bank in multiple avoidance actions brought by the Chapter 7 trustee appointed in the involuntary chapter 7 bankruptcy of guarantor.
Stay Relief Litigation
Successfully represented U.S. Bancorp Equipment Finance, Wells Fargo Equipment Finance, and Paccar Financial Corp. in various stay relief litigation with respect to large-scale commercial and industrial equipment.
Currently representing a national banking institution in stay relief litigation concerning over $25 million in certificates of deposit pledged as additional collateral for several multimillion-dollar real estate loans.
Landlord/Tenant Litigation
Represented Ethan Allen in contract disputes with The Barber Companies concerning site locations in the greater Birmingham area.
Successfully obtained judgments in favor of Rubaiyat Trading Company, LTD, by and through its agent Samford Properties, Inc., against commercial tenants and then negotiated favorable judgment satisfaction agreements.