Bankruptcy-Litigation

Burr & Forman's commitment to the changing needs of lenders and creditors is evidenced by its substantial Creditors' Rights and Bankruptcy practice.

Burr has over 50 attorneys concentrating in this area of law, making the firm one of the largest bankruptcy practice groups in the region. This allows individual attorneys the ability to focus on narrow specialties. The group was recently ranked by Law360 as the 36th largest Creditors' Rights and Bankruptcy team in the United States. Based on this ranking, Burr's team is the largest in the Southeast. In 2012, 10 of our creditors' rights and bankruptcy attorneys were listed as a leading practitioner in Bankruptcy/Restructuring by the highly regarded Chambers USA. 

For more than three decades, our creditors’ rights attorneys have been actively involved in major bankruptcy proceedings in the Southeast and beyond. Our work began with an emphasis on representing major secured lenders in Chapter 11 bankruptcies but our practice has evolved far beyond its initial role to include representation of business debtors as well. Our substantial experience in this area includes representation of clients in the manufacturing, real estate, health care, agriculture, retail, education, and construction industries. On the creditor side we represent secured creditors, such as financial services institutions, asset-based lenders, and local, regional, and national banks, as well as REITs, equipment sellers, and lessors.

We have extensive experience representing official creditors’ committees, bank debt and ad hoc creditor groups, secured lenders, equity holders, derivative and swap counterparties, and other creditors in out-of-court reorganizations, debt restructurings, enforcement processes, liability management strategies, and bankruptcy proceedings.

Typical engagements include:

  • Representing debtors, committees, and major creditors in Chapter 11 cases 
  • Acquiring companies through Chapter 11
  • Negotiating and litigating the terms of debtor-in-possession financing, use of cash collateral, adequate protection, and relief from automatic stay 
  • Participating in the Chapter 11 Plan process, including drafting and confirming creditors’ and debtors’ Chapter 11 plans
  • Prosecuting or defending fraudulent transfer and preference actions as well as equitable subordination actions
  • Establishing, negotiating, and litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance, and other avoidance actions
  • §363 sales
  • Out-of-court debt restructuring and workouts
  • Dealing with problem real estate loans and commercial leases

Additionally, our Creditor Committee representation is able to advise the committee on all matters pertinent to Chapter 11 proceedings, including, among other things: (i) the debtor's ability to sell substantially all of its assets with expedited notice, (ii) a debtor's financing and restructuring strategy, (iii) the validity and/or extent of secured creditors' liens and claims, (iv) valuation and solvency of a debtor and/or its assets, (v) the validity and prosecution of potential bankruptcy and non-bankruptcy related causes of action, and (vi) the most effective and efficient means of maximizing value for unsecured creditors.

Our Attorneys

Lawrence Ahern, III
Retired Partner ~ Nashville, Tennessee|
(615) 724-3210
(615) 724-3310
Lawrence
Niel Alden
Attorney ~ Nashville, Tennessee|
(615) 724-3243
(615) 724-3343
Niel
Brad Baldwin
Partner ~ Atlanta, Georgia|
(404) 685-4332
(404) 214-7930
Brad
D. Christopher Carson
Partner ~ Birmingham, Alabama|
(205) 458-5372
(205) 244-5617
Bess Creswell
Partner ~ Mobile, Alabama|
(251) 345-8245
251-706-2415
Bess
Denise Dell-Powell
Partner ~ Orlando, Florida|
(407) 540-6607
(407) 264-6466
Denise
Erich Durlacher
Partner ~ Atlanta, Georgia|
(404) 685-4313
(404) 214-7387
Erich
Daniel French
Associate ~ Atlanta, Georgia|
(404) 685-4265
(404) 214-7997
Daniel
Gerald Gillespy
Partner ~ Birmingham, Alabama|
(205) 458-5348
(205) 244-5644
Gerald
Bryan Glover
Associate ~ Atlanta, Georgia|
(404) 685-4252
(404) 214-7395
Bryan
Eric Golden
Partner ~ Orlando, Florida|
(407) 540-6603
(407) 540-6601
Eric
James Haithcock, III
Associate ~ Birmingham, Alabama|
(205) 458-5277
(205) 244-5674
James
Michael Hall
Partner ~ Birmingham, Alabama|
(205) 458-5367
(205) 244-5651
Michael
Baya Harrison IV
Attorney ~ Orlando, Florida|
(407) 367-6661
(407) 641-8861
Baya
Kasee Heisterhagen
Associate ~ Mobile, Alabama|
(251) 345-8244
(251) 706-2446
Kasee
Will Hereford
Partner ~ Birmingham, Alabama|
(205) 458-5310
(205) 244-5658
Will
Chuck Holtz
Counsel ~ Mobile, Alabama|
(251) 345-8223
(251) 344-9696
Chuck
David Houston, IV
Partner ~ Nashville, Tennessee|
(615) 724-3215
(615) 724-3315
David
Joe Joseph
Partner ~ Birmingham, Alabama|
(205) 458-5457
(205) 244-5637
Joe
Jon Kane
Partner ~ Orlando, Florida|
(407) 540-6625
(407) 650-2609
Jon
Joseph King
Associate ~ Tampa, Florida|
(813) 367-5750
(813) 357-3512
Joseph
Hanna Lahr
Associate ~ Birmingham, Alabama|
(205) 458-5462
(205) 714-6885
Hanna
Heather Lee
Partner ~ Birmingham, Alabama|
(205) 458-5170
(205) 244-5669
Heather
Derek Meek
Partner ~ Birmingham, Alabama|
(205) 458-5471
(205) 244-5679
Derek
Meredith Minkus
Associate ~ Orlando, Florida|
(407) 540-6649
(321) 249-0550
Meredith
Cathleen Moore
Partner ~ Birmingham, Alabama|
(205) 458-5184
(205) 244-5683
Cathleen
Michael Nardella
Associate ~ Orlando, Florida|
(407) 540-6620
(407) 650-2777
Michael
Paul O'Hearn
Partner ~ Atlanta, Georgia|
(404) 685-4310
(404) 214-7398
Paul
R. Marshall Rainey
Partner ~ Tampa, Florida|
(813) 367-5761
(813) 357-3521
Ellen Rains
Associate ~ Birmingham, Alabama|
(205) 458-5303
(205) 244-5724
Ellen
Robert Rubin
Retired Partner ~ Birmingham, Alabama|
(205) 458-5351
(205) 244-5703
Robert
Marc Solomon
Partner ~ Birmingham, Alabama|
(205) 458-5281
(205) 244-5733
Marc
Graham Stieglitz
Partner ~ Atlanta, Georgia|
(404) 685-4316
(404) 214-7923
Graham
Jonathan Sykes
Associate ~ Orlando, Florida|
(407) 540-6636
(407) 264-8942
Jonathan
Ryan Thompson
Associate ~ Birmingham, Alabama|
(205) 458-5397
(205) 714-6979
Ryan
Kelly Waits
Associate ~ Atlanta, Georgia|
(404) 685-4306
(404) 214-7381
Kelly

Experience Matters

Brief sentence defining representative matters.

  • Creditor Representation

    Foreclosure, deficiency actions and bankruptcy cases in connection with failed real estate developments.
  • Creditor Representation

    Bank Counsel for loan workouts, restructurings and bankruptcy filings with respect to manufacturing facilities.
  • Motion to Dismiss

    Obtained order granting motion to dismiss adversary proceeding in alleged violation of automatic stay claim (Bankr. Ct., E.D., Tenn.).

Events

April 25, 2014
John R. Chiles to Speak at the American Conference Institute's 14th National Forum on Residential Mortgage Litigation and Regulatory Enforcement

RESOURCES

TESTIMONIALS

  • “They are outstanding and get high marks for their commercial awareness, staffing, training and pro-activity."

    -Chambers 2012

  • “I have found them very responsive to our requests and requirements, and very knowledgeable of the relevant areas. They are conscious of cost containment and getting the job done. They don’t just churn paper and create billable hours. Everything they do is directed toward achieving our aims. They want us as the client to understand where things are and what our options are, and make sure we understand the consequences of all the options that are available to us. They let us pick door number one or door number two in the knowledge of what we’re leaving behind. They are able to resolve issues using common sense and reasonableness. We speak very highly of them.”

    -Chambers 2012

  • “They are all excellent attorneys; exceptionally bright, decisive and creative."

    -Chambers 2012

  • “Definitely have depth and expertise...They have a successful model and one that I’ve tried to imitate."

    -Chambers 2012