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Experience
• Representing individual creditors and committees of unsecured creditors in cases involving retailers, fast food franchisors,
technology firms, real estate, transportation companies, oil refineries, and poultry processors. In several of my committee cases,
unsecured creditors have been paid in full;
• Representing individuals and companies in both out-of-court and in-court restructuring and reorganizations;
• Representing bankruptcy trustees in liquidations and in unwinding fraudulent schemes;
• Representing bankruptcy examiners in conducting complex investigations;
I also have extensive experience in representing court-appointed receivers in SEC and CFTC enforcement matters.
I regularly handle commercial litigation matters, including trials, arbitrations and appeals in a wide variety of complex matters. Most recently, I have handled difficult disputes regarding real estate, breach of contract, business torts, and corporate governance. I have particular experience litigating disputes regarding governance and control of limited liability companies; disputes regarding title and claims to real estate; and extraordinary remedies including restraining orders, injunctions and declaratory relief.
I have been recognized for my expertise by leading legal publications including Chambers, Super Lawyers magazine and Martindale Hubbell. I am a Full Member of the National Association of Federal Equity Receivers, a Director for the Southeastern Bankruptcy Law Institute and a Past President of the Bankruptcy Section of the Atlanta Bar Association. I frequently speak on bankruptcy issues.
Representative Bankruptcy/Receivership Cases
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Currently serving as Debtor’s Counsel in Chapter 11 Reorganizations of medical services company, construction firm, and transportation firm (Georgia).
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Special Counsel for Official Committee of Unsecured Creditors in connection with investigation and challenge of a $30 Million secured claim. In Re Oconee Regional Health Systems, Inc. (Georgia).
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Counsel for the Chapter 7 Trustee of a failed insurance broker accused of misappropriating millions of dollars of insurance premiums. In Re American Underwriting Services, LLC (Georgia).
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Lead counsel for Examiner in investigation of proposed multi-billion dollar settlement arising out of largest bank failure in history of the United States. In Re Washington Mutual, Inc. (Delaware).
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Counsel for FTC-appointed Receiver in connection with alleged scheme to defraud consumers in connection with re-sale of cellphones and laptops. FTC v. Laptop & Desktop Repair (Georgia).
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Lead counsel for Examiner in investigation of $3 Billion Tenant-In-Common Investment Firm which resulted in the discovery of a ponzi-type scheme and criminal prosecutions of management. In Re DBSI (Delaware).
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Represented CFTC-appointed Receiver for a $20 Million hedge fund which resulted in approval of a distribution plan paying investors in full. CFTC v. Lake Dow (Georgia).
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Counsel for Official Committee of Unsecured Creditors of an oil refinery which resulted in a successful sale and confirmation of a plan of liquidation. In Re Hovensa LLC (St. Croix, heard by the Honorable Mary Walrath of Delaware).
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Counsel for the Examiner of hedge fund charged with investigating insider and other potentially fraudulent transfers. In Re Petra Fund REIT Corporation et.al. (New York).
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Counsel for Official Committee of Unsecured Creditors which resulted in confirmed plan of reorganization. In Re Lee’s Famous Recipes, Inc. (Georgia).
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Special Counsel for Liquidating Trustee retained to pursue recovery of approximately $2.5 Million in expired worker compensation bond proceeds. In Re MIG, LLC (Delaware).
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Co-counsel for Official Committee of Unsecured Creditors in a case which resulted in full payment of unsecured claims. In Re Cagle’s Inc. (Georgia).
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Local counsel for Official Committee of Unsecured Creditors of a technology and telecommunications company. In Re Carrier Web, Inc. (Georgia).
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Counsel for lien claimant in disputes regarding priority of liens asserted against fracking wells in North Dakota. In Re American Eagle Energy Corporation (Colorado).
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Counsel for Official Committee of Unsecured Creditors of a pallet manufacturer. In Re iGPS, Inc. (Delaware).
Representative Commercial Litigation Cases
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Represented minority member of a joint venture in bringing claims for breach of fiduciary duty and breach of contract against majority member and individual directors.
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Represented major airline in perfecting and enforcing mechanics lien claims against aircraft and related equipment both domestically and internationally.
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Represented guarantors in defending loan enforcement and guaranty claims.
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Represented secured creditors in enforcing lien rights and guaranty claims.
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Represented several insureds of title companies in connection with title and lien disputes and enforcement of lien rights.
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Represented member of limited liability company in disputes with other members in Chancery Court in Delaware.
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Represented bank in professional malpractice case in recovering losses arising out of a fraudulent loan closing.
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Represented large pay phone owner in recovering dial around compensation
Recent Speaking Engagements
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“Snares, Snags and Pitfalls for Even the Scrupulous Receiver”, National Association of Federal Equity Receivers, Annual Conference, Chicago, October, 2018.
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“Communication is Key, But Receivers Must Stay Within Ethical Boundaries”, National Association of Federal Equity Receivers, Annual Conference, Washington D.C., October, 2016.
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“Fiduciaries Gone Wild, Fiduciary and other Duties of Debtors, Trustees, Examiners, Committees and Estate Professionals”, National Association of Bankruptcy Trustees, Charleston, South Carolina, February 2015.
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“The Role of the Expert Witness in Chapter 11 Bankruptcy Cases”, Association of Insolvency & Restructuring Advisors’ (“AIRA”), Expert Witness Boot Camp, Atlanta, Georgia, November 2011.
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“Applying Benefits of Chapter 11 to State Court Receiverships”, Association of Insolvency & Restructuring Advisors’ (“AIRA”) 27th Annual Bankruptcy & Restructuring Conference, Boston Massachusetts, June 2011.
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“Duties and Powers of Examiners in Chapter 11 Cases”, The 5th Annual Fraud & Forensic Accounting Education Conference sponsored by Georgia Southern University’s Center for Forensic Studies in Accounting and Business, Savannah, Georgia, June 2011.
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“Navigating the Straits Between Bankruptcy and Receivership”, Association of Insolvency & Restructuring Advisors’ (“AIRA”) 26th Annual Bankruptcy & Restructuring Conference, San Diego, California, June 2010.
Memberships and Honors
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Southeastern Bankruptcy Law Institute, Director
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Atlanta Bar Association, Board of Directors, Bankruptcy Section, 1999 to 2008; Chairman, 2008
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National Association of Federal Equity Receivers, Admitted as Full Member
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State Bar of Georgia, Litigation and Bankruptcy Sections
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Georgia Super Lawyer, 2010 - Present
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Rated AV Preeminent, Martindale-Hubbell®
Education
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University of Richmond, 1986, JD
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Washington and Lee University, 1983, BA, cum laude
Prior Employment
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Dentons US LLP, Partner, 2015 – 2016
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McKenna Long & Aldridge LLP, Partner, 2002 – 2015
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Long Aldridge & Norman LLP, Partner 1998 – 2002
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Hicks, Maloof & Campbell, PC, Associate and Partner, 1986 – 1989