Burr & Forman

Graham H. Stieglitz

Graham H. Stieglitz
  • LL.M., Bankruptcy, St. John's University (2000)
  • J.D., Georgia State University School of Law (1999)
  • B.A., Economics, Washington University in St. Louis (1995)
  • The Westminster Schools (1991)
  • American Bar Association
  • State Bar of Georgia
  • American Bankruptcy Institute
  • Turnaround Management Association
  • Commercial Finance Association
  • Atlanta Bar Association
  • Chambers USA Leading practitioner in Bankruptcy/Restructuring (2011-2016)
  • Georgia Super Lawyers Creditor/Debtor Rights (2016)
  • Martindale-Hubbell™ AV Preeminent Rated Lawyer
  • Georgia Trend's “Legal Elite” 2010, 2012
  • Georgia Super Lawyers "Rising Star," Bankruptcy & Creditor/Debtor Rights (2007-2013)
  • Winner of 2013 M&A Advisor Turnaround Award for Restructuring Deal of the Year between $10 million and $100 million for the Receivership and Sale of Turkington Industries/Turkington USA, LLC
  • Represented small bank in resolving entire troubled assets portfolio - combined portfolio of approximately $25M.

  • Representation of large chemical manufacturer in numerous matters nationwide involving Chapter 11 bankruptcy cases and other credit related issues. Engagements have included: (i) prosecuting § 503(b)(9) actions, (ii) defending preference action lawsuits in Georgia, New York, Tennessee, California, Missouri, Wisconsin, Ohio, and Connecticut; (iii) defending state court receivership actions; (iv) preparing litigation strategies and (iv) assisting in pre-bankruptcy loss mitigation analyses.

  • Represented lender in contested §363 sale of real estate in excess of $15,000,000

  • Represented purchaser of a commercial property acquired in §363 sale

  • Represented lender owed in excess of $15,000,000 in multiple Article 9 sale transactions to effectuate multiple distressed sales inside of forty days

  • Represented Chapter 11 Debtor in successful prosecution and recovery of $600,000 preference.

  • Represented Company in defending $22M+ fraudulent transfer action filed by Chapter 11 Liquidating Trustee. Resulted in a favorable settlement - less than cost of defense.

  • Successful defense of Georgia Gulf Corporation to a $500,000+ preference claim brought by Debtor. Compromise resulted in reduction of claim equivalent to less than $15,000.

  • Represented Georgia Gulf Corporation in state court preference action brought by Receiver seeking to recover in excess of $600,000. Resulted in complete defense.

  • Represented large additive supplier in Pilgrim’s Pride’s Chapter 11 bankruptcy. Utilized credit control methods pre-petition to recover in excess of $1M of outstanding invoices while eliminating avoidance action exposure. Successfully got Debtor to assumed executory contracts post-petition.

  • Representation of company in the successful objection to the Debtor's attempt to assume a highly unfavorable supply contract.

  • Represented Company that issued credit-default protection insurance to a Chapter 11 debtor. Assisted in prosecuting mass-action against approximately 100 credit unions nationwide in an adversary proceeding filed in Bankruptcy Court and later re-filed in substantial similarity in District Court. The case was resolved via favorable settlements for the client.

  • Retained by turnaround firm restructuring a leader in distance education to serve as general outside counsel and guide successful distressed asset sale while maintaining accreditation.

  • Represented Lender in $45,000,000+ sale of two multi-family apartment communities, which were taken back from Borrower.

  • Representation of Georgia Gulf Corporation in the successful prosecution of a breach of contract claim in excess of $7,000,000 against Debtor.

  • Received a $9,000,000+ judgment for a secured lender.

  • Obtained a $25,000.000+ judgment for a secured lender.

  • Represented several multifamily developers in substantive non-consolidation opinions to allow for Freddie Mac funding. Total loans in excess of $100M.

  • Represent receiver appointed to workout approximately $24M loan secured by real estate located in Georgia.

  • Represent Receiver appointed to handle workout of approximately $150M loan secured by, among other things, six golf courses, clubhouses, marinas, raw land and a large ownership interest in luxury hotel in one of the premier golf communities in the country.

  • Represent receiver appointed to workout approximately $32M loan secured by real estate located in Georgia.

  • Representation of lender in national loan workout involving in excess of $40M in related real estate loans to a National Residential Subdivision Developer.

  • Represented lender in Bond and LOC matter in excess of $6M where Borrower relied upon a SWAP transaction to meet funding requirements.

  • Represented Lender in loan workout involving in excess of $23M in related real estate loans to a Southeastern residential subdivision developer.

  • Represented national bank in an out-of-court workout and a related bankruptcy case to recover 100% of indebtedness owed - in excess of $2M.

  • Represented third party logistics company in bankruptcy analysis and subsequent restructuring negotiations and workout, which enabled company to withstand the loss of its major client.

  • Represented Lender in loan workout involving a $21M real estate loan in Georgia to a Southeastern Residential Subdivision Developer.

  • Represented large national bank in a loan workout involving $150M in related real estate loans to national golf resort and real estate development company.

  • Represent Receiver appointed over leading manufacturer and supplier of food processing equipment in the commercial bakery industry. Assisted in the operation, sale and transition of the company, in an expedited time frame, which allowed the senior lender to recover approximately five times the estimated liquidation value and enabled the continued employment for approximately 75 out of the 101 employees.

  • Represented hedge fund in the workout of $6M loan secured by personal and real property in Georgia. Representation included (i) Prosecuting claims against borrower's principal and, after principal filed bankruptcy, getting that case dismissed, (ii) foreclosing on real property and personal property, and (iii) sale of the business collateral.

Partner | Atlanta, GA

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Avoidance Actions Finance Bankruptcy Litigation Commercial & Corporate Finance Creditors’ Rights & Bankruptcy Lender Liability Receiverships Section 363 Sales Workouts & Restructurings

Graham's practice in the Creditors' Rights & Bankruptcy group encompasses a broad range of bankruptcy, restructuring and corporate matters with a focus on litigation, distressed M&A transactions, and representing lenders in a connection with commercial workouts and restructurings.

He has represented debtors, trustees, receivers, unsecured and secured creditors in Chapter 11 cases and federal and state court receiverships and foreclosures. Graham has also represented financial institutions, receivers, special servicers, commercial lenders, commercial lessors and lessees in bankruptcy cases and structured loan workouts. Due to his substantial creditors’ rights experience, Graham frequently advises clients on insolvency issues, such as bankruptcy-remote structures and preference and fraudulent transfer analysis, arising in connection with business and financial transactions and provides reasoned legal opinions on bankruptcy-related issues, such as substantive consolidation.

Graham’s practice in Commercial & Corporate Finance focuses on representing banks and finance companies in various finance transactions in the middle and large corporate markets.  Graham has experience with the following kinds of lending/borrowing transactions: accounts receivable and inventory finance; mezzanine finance; cash flow finance;  health care finance; equipment finance; real estate finance; and debtor-in-possession finance.

Stieglitz is honored for “Restructuring Deal of the Year between $10 million and $100 million,” which he earned for his involvement in the receivership and sale of Turkington Industries/Turkington USA, LLC.

Publications And Seminars Listings