Burr & Forman

Graham H. Stieglitz

Graham H. Stieglitz Headshot
  • 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
  • Named, Chambers USA, Bankruptcy/Restructuring (2011-2021)
  • Georgia Super Lawyers, Creditor/Debtor Rights (2016-2021)
  • Martindale-Hubbell AV Preeminent™ Peer Rated Lawyer
  • Georgia Super Lawyers "Rising Star," Bankruptcy & Creditor/Debtor Rights (2007-2013)
  • 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 (2013)
  • Georgia Trend's Legal Elite (2010, 2012)
  • Representative Bankruptcy and Restructuring Matters  
    • Represent lender in portfolio-wide forbearance negotiations (two phases) required due to COVID-19.
    • Represent $11.5MM first-lien lender in hotel bankruptcy.
    • Represent $9MM second-lien lender in hotel bankruptcy.
    • Represent $9MM first-lien lender in hotel bankruptcy and §363 sale of hotel.
    • Represent $14MM first-lien lender in hotel bankruptcy and §363 sale of hotel.
    • Represented lender in contested §363 sale of real estate in excess of $15MM.
    • Represent $17MM secured lender in bankruptcy of cloud-based outsourced business process and marketing services
    • Represented Hospital Director in breaches of fiduciary duty, gross mismanagement and divided loyalty allegations in excess of $20MM
    • Represent lender in loan workout involving $25MM secured by real property, equipment, inventory and accounts.
    • Represent lender in loan workout involving +$13MM in recycling company’s operating assets.
    • Represent lender in loan workout involving $35MM in metal manufacturer.
    • Represented purchaser of a commercial property acquired in §363 sale.
    • Representation of lender in national loan workout involving in excess of $40MM in related real estate loans to a National Residential Subdivision Developer.
    • Represented Lender in loan workout involving in excess of $23MM in related real estate loans to a Southeastern residential subdivision developer.
    • Represented Lender in loan workout involving a $21MM real estate loan in Georgia to a Southeastern Residential Subdivision Developer.
    • Represented large national bank in a loan workout involving $150MM in related real estate loans to national golf resort and real estate development company.
    • Represented small bank in resolving entire troubled assets portfolio - combined portfolio of approximately $25MM.
    • 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 owed in excess of $15MM 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 +$22MM fraudulent transfer action filed by Chapter 11 Liquidating Trustee. Resulted in a favorable settlement which wasless than anticipated cost of defense.
    • 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.
    • Obtained multiple judgments in excess of $10MM for various secured lenders.
    • Represented national bank in an out-of-court workout and a related bankruptcy case to recover 100% of indebtedness owed - in excess of $2MM.
    • 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
    Representative Receivership Matters  
    • Represent federal receiver appointed to workout joint venture servicing HUD contracts
    • Represent state court receiver in operation and sale of approximately $11MM multifamily housing completed during COVID-19.
    • Represent Lender in getting federal receiver over international education business appointed for approximately $30MM loan and ultimately purchase the underlying business.
    • Represent Lender in getting federal receiver over multi-state restaurant business appointed for approximately $15MM loan and sale of underlying business.
    • 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.
    • Represent receiver appointed to workout approximately $24MM loan secured by real estate located in Georgia.
    • Represent receiver appointed to workout approximately $32MM loan secured by real estate located in Georgia.
    • Represent Receiver appointed to handle workout of approximately $150MM loan secured by, among other things, six golf courses, clubhouses, marinas, undeveloped land and a large ownership interest in luxury hotel in 18one of the premier golf communities in the country.
    Representative Finance Matters  
    • Represented Borrower in connection with $15MM revolving and term loan for audio equipment manufacturer.
    • Represented several multifamily developers in substantive non-consolidation opinions to allow for Freddie Mac funding. Total loans in excess of $150MM.
    • Represented Lender in $7.5MM revolving loan for grill manufacturer's acquisition of seasonal inventory located internationally, working capital and general corporate needs. Represented Lender in subsequent inter-creditor negotiations to allow junior lender to advance an additional $2MM to fund working capital.
    • Represented sole lender in connection with $10.5MM revolving and term loan and $2.5MM cap-ex loan for glass manufacturer's acquisition of several competitors throughout the United States as well as equipment, working capital, and general corporate needs.
    • Represented sole lender in connection with $6MM revolving facility for international video game company for cash distribution to owners and general working capital.
    • Represented sole lender in connection with $5MM revolving loan and $4MM term loan for professional services firm to acquire offices, working capital and general corporate needs.

Partner | Atlanta, GA

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Services

Avoidance Actions Finance Bankruptcy Litigation Commercial & Corporate Finance Creditors’ Rights & Bankruptcy Lender Liability Receiverships Section 363 Sales Workouts, Restructurings & Enforcement Tax Sales Agriculture Funding & Lending

Industries

Financial Institutions

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 commercial lessors and lessees, financial institutions, receivers, special servicers, and commercial lenders 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: real estate finance; accounts receivable and inventory finance; mezzanine finance; cash flow finance; health care finance; equipment finance; and debtor-in-possession finance.

Graham was honored with the “Restructuring Deal of the Year between $10 million and $100 million,” for his involvement in the receivership and sale of Turkington Industries/Turkington USA, LLC.

Publications and Presentations