- In re Dixie Pellets, LLC, U.S. Bankruptcy Court for the Northern District of Alabama, 2009-2010
Lead bankruptcy counsel for manufacturer and exporter of wood-based biofuel products in case involving complex issues of maritime law and lien priority disputes; obtained approval of sale of substantially all assets pursuant to 363 sale; obtained confirmation of chapter 11 plan of liquidation. - In re Moore-Handley, Inc., et al., U.S. Bankruptcy Court for the Northern District of Alabama, 2009-2010
Lead bankruptcy counsel for one of country’s largest wholesale hardware distributors; obtained approval of 363 sale of substantially all of company’s assets over objections of unsecured creditors committee and labor union. - In re J.A. Jones, Inc., et al., U.S. Bankruptcy Court for the Western District of North Carolina, 2004
Representation of international construction conglomerate in multi-billion dollar chapter 11 case; obtained approval of multiple 363 sales resulting in orderly, going concern sales of debtors’ various business lines. - In re The West Jefferson Amusement and Public Park Authority, U.S. Bankruptcy Court for the Northern District of Alabama, 2002
Lead chapter 9 bankruptcy counsel for municipal authority that owned amusement park development financed with $90 million bond issuance; confirmed chapter 9 plan providing for sale of substantially all assets to private operator. - Representation of municipality in complex debt restructuring, 2008 – present
Represented financially distressed municipality in negotiations of multi-billion dollar debt restructuring. - Representation of distressed utility in out-of-court debt restructure
Represented electric cooperative in restructuring of multi-million dollar secured financing facility.
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- Wachovia Bank, N.A, et al., v. 5th & Main Residential Owner, Inc., et al., Chancery Court, Davidson County, Tennessee, 2009
Represented secured lender in obtaining appointment of receiver for mixed-use, commercial and retail real estate project in Nashville with over $40 million in outstanding project financing. - In re Collins & Aikman, Inc., U.S. Bankruptcy Court for the Eastern District of Michigan, 2005
Represented MOBIS Alabama, Inc. in 363 sale proceedings pursuant to which MOBIS purchased joint venture interests and other assets of chapter 11 debtor. - In re Hunjan Moulded Products (Alabama) Ltd., U.S. Bankruptcy Court for the Northern District of Alabama, 2005
Representation of Tier I automotive supplier in Tier II supplier bankruptcy; negotiated purchase of assets from debtor and from affiliate in Canadian insolvency proceedings. - In re Altamont Associates, Ltd., Circuit Court of Jefferson County, Alabama, 2001
Represented indenture trustee in obtaining appointment of receiver for skilled nursing facility, resulting in going concern sale of facility pursuant to court-approved receiver’s sale. - In re Byrd Companies, Inc., U.S. Bankruptcy Court for the Northern District of Alabama, 1999
Obtained confirmation of creditor’s plan in contested chapter 11 case of large real estate developer, resulting in creditor’s acquisition of substantially all assets of debtor over debtor’s objection, after week-long evidentiary hearing. - Representation of bank in workout of letter of credit facility to municipal healthcare authority, 2009
Represented secured lender in workout of multi-million letter of credit issued by lender for benefit of financially distressed rural health care authority; successfully negotiated the full release of letter of credit without any loss to secured lender. - Sale of distressed consumer products retailer, 2007
Negotiated and closed complex UCC sale of distressed retail franchise business to third party buyer. - Representation of secured lender in workout of loans to publicly-traded borrower, 2007
Represented secured lender in workout of multi-million loan to publicly-traded aviation company, resulting in full payment to lender of all outstanding debt plus restructuring fees. - Representation of secured lender in workout of failed commercial real estate loan, 2006
Represented secured lender in workout of multi-million loan to Gulf Coast real estate developer; successfully negotiated sale of all bank debt for full recovery to lender. - Sale of distressed medical services company, 2006
Negotiated and closed complex UCC sale of distressed medical services business to third party buyer. - Sale of distressed construction services business, 2006
Lead attorney organizing UCC sale by multiple, unaffiliated secured lenders of substantially all assets of a construction services business on a going concern basis to third party buyer. - Representation of secured lender in liquidation of publicly-traded borrower
Represented secured lender in workout of multi-million loan to publicly-traded sign manufacturer; negotiated going-concern sales of several borrower subsidiaries and advised regarding orderly liquidation of other borrower assets.
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- Wachovia Bank, N.A, et al., v. 5th & Main Residential Owner, Inc., et al., Chancery Court, Davidson County, Tennessee, 2009
Represented secured lender in obtaining appointment of receiver for mixed-use, commercial and retail real estate project in Nashville with over $40 million in outstanding project financing. - In re Altamont Associates, Ltd., Circuit Court of Jefferson County, Alabama, 2001
Represented indenture trustee in obtaining appointment of receiver for skilled nursing facility, resulting in going concern sale of facility pursuant to court-approved receiver’s sale. - Representation of buyer of commercial real estate via complex judicial foreclosure sale, 2010 – 2011
Representation of the purchase of apartment complex in receivership; sale was approved via a rarely-used Alabama judicial foreclosure sale, which incorporated bidding procedures much like those used in 363 bankruptcy sales.
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- In re Dixie Pellets, LLC, U.S. Bankruptcy Court for the Northern District of Alabama, 2009-2010
Lead bankruptcy counsel for manufacturer and exporter of wood-based biofuel products in case involving complex issues of maritime law and lien priority disputes; obtained approval of sale of substantially all assets pursuant to 363 sale; obtained confirmation of chapter 11 plan of liquidation. - In re Moore-Handley, Inc., et al., U.S. Bankruptcy Court for the Northern District of Alabama, 2009-2010
Lead bankruptcy counsel for one of country’s largest wholesale hardware distributors; obtained approval of 363 sale of substantially all of company’s assets over objections of unsecured creditors committee and labor union. - In re Dorsey Trailer Company, Inc., U.S. Bankruptcy Court for the Middle District of Alabama, 2007
Represented purchaser of substantially all assets of manufacturing company through 363 sale in chapter 11 case. - In re Collins & Aikman, Inc., U.S. Bankruptcy Court for the Eastern District of Michigan, 2005
Represented MOBIS Alabama, Inc. in 363 sale proceedings pursuant to which MOBIS purchased joint venture interests and other assets of chapter 11 debtor. - In re Hunjan Moulded Products (Alabama) Ltd., U.S. Bankruptcy Court for the Northern District of Alabama, 2005
Representation of Tier I automotive supplier in Tier II supplier bankruptcy; negotiated purchase of assets from debtor and from affiliate in Canadian insolvency proceedings. - In re J.A. Jones, Inc., et al., U.S. Bankruptcy Court for the Western District of North Carolina, 2004
Representation of international construction conglomerate in multi-billion dollar chapter 11 case; obtained approval of multiple 363 sales resulting in orderly, going concern sales of debtors’ various business lines. - In re The West Jefferson Amusement and Public Park Authority, U.S. Bankruptcy Court for the Northern District of Alabama, 2002
Lead chapter 9 bankruptcy counsel for municipal authority that owned amusement park development financed with $90 million bond issuance; confirmed chapter 9 plan providing for sale of substantially all assets to private operator. - In re Byrd Companies, Inc., U.S. Bankruptcy Court for the Northern District of Alabama, 1999
Obtained confirmation of creditor’s plan in contested chapter 11 case of large real estate developer, resulting in creditor’s acquisition of substantially all assets of debtor over debtor’s objection, after week-long evidentiary hearing. - Sale of distressed consumer products retailer, 2007
Negotiated and closed complex UCC sale of distressed retail franchise business to third party buyer. - Sale of distressed medical services company, 2006
Negotiated and closed complex UCC sale of distressed medical services business to third party buyer. - Sale of distressed construction services business, 2006
Lead attorney organizing UCC sale by multiple, unaffiliated secured lenders of substantially all assets of a construction services business on a going concern basis to third party buyer. - Representation of secured lender in liquidation of publicly-traded borrower
Represented secured lender in workout of multi-million loan to publicly-traded sign manufacturer; negotiated going-concern sales of several borrower subsidiaries and advised regarding orderly liquidation of other borrower assets. - Representation of buyer of commercial real estate via complex judicial foreclosure sale, 2010 – 2011
Representation of the purchase of apartment complex in receivership; sale was approved via a rarely-used Alabama judicial foreclosure sale, which incorporated bidding procedures much like those used in 363 bankruptcy sales.
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- In re Grelier, 400 B.R. 826 (Bankr. N.D.Ala. 2009)
Obtained dismissal of legal malpractice action brought against debtor’s counsel on estoppel grounds. - In re Byrd Companies, Inc., U.S. Bankruptcy Court for the Northern District of Alabama, 1999
Obtained confirmation of creditor’s plan in contested chapter 11 case of large real estate developer, resulting in creditor’s acquisition of substantially all assets of debtor over debtor’s objection, after week-long evidentiary hearing.
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We obtained and oversaw an emergency receivership of a residential condominium and commercial real estate on an approximately $30 million loan.
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Enforcement of liens and guaranties in a mulit-owner project involving nonprofits and multiple layers of financing. Analysis of tax credit recapture and redeployment issues.
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