Austin L. McMullen

Listed in Chambers USA Bankruptcy/Restructuring, 2023 Board Certified Creditors’ Rights Specialist, American Board of Certification Listed in Best of the Bar, Nashville Bar Association Nashville Bar Foundation, Fellow, 2016 Tennessee Republican Party, Statesman of the Year, 2016 Listed in The Best Lawyers in America® Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2015-2024 Litigation – Bankruptcy, 2015-2024 Listed in Mid-South Super Lawyers, Bankruptcy: Business, 2018, 2023 Board Certified in Creditors’ Rights Law by the American Board of Certification, 2014 Listed in Nashville Business Journal "Best of the Bar," 2021 "Top 40 Under 40," 2013 Receiver for dental practice Served as court-appointed receiver for a four-location dental practice and negotiated the sale of the practice. Obtained $2.93 million judgment against dental organization for breach of contract. Also obtained two judgments against dental organization for contempt and misconduct in court. Non-dischargeable judgment Obtained non-dischargeable judgment from the United States Bankruptcy Court, Middle District of Tennessee, against Chapter 11 debtor who had converted firearms belonging to a creditor. Dismissal of adversary proceeding in Chapter 13 bankruptcy Obtained order from United States Bankruptcy Court, Middle District of Tennessee, dismissing adversary proceeding against mortgage servicer for failure to state a claim and for lack of subject matter jurisdiction. Receiver for multi-family residential development Served as receiver appointed by the Chancery Court for Rutherford County, Tennessee, for multi-family residential development in Shelbyville, Tennessee. Successfully operated the development for approximately four years, then negotiated a sale of the development that paid secured creditors in full. Enforcement of promissory notes and judgment Obtained judgment in Chancery Court for Davidson County, Tennessee, in favor of creditor based on promissory notes signed by borrower. Engaged in asset discovery and successfully enforced judgment through charging order, wage garnishment and bank garnishment. Dismissal of Chapter 11 case Successfully defended against confirmation of Chapter 11 plan that sought to reduce or invalidate deeds of trust held by mortgage servicer. Obtained dismissal of the Chapter 11 case in the United States Bankruptcy Court, Middle District of Tennessee. Recovery of secured creditor’s collateral taken by Chapter 11 debtor Obtained recovery of secured creditor’s collateral wrongfully taken by Chapter 11 debtor as part of case in the United States Bankruptcy Court, Middle District of Tennessee. Recovery under credit agreement between petroleum distributor and retailer Obtained judgment in the Chancery Court for Davidson County, Tennessee, in favor of petroleum distributor under credit agreement with retailer. Domesticated judgment and collected full judgment amount using bank garnishments. Dismissal of bankruptcy adversary proceeding alleging wrongful foreclosure Represented mortgage servicer, obtaining dismissal and summary judgment in Chapter 13 bankruptcy adversary proceeding in the United States Bankruptcy Court, Southern District of Mississippi. Adversary proceeding was based on allegations that mortgage servicer had wrongfully foreclosed on debtor’s property. Recovery of property taken and hidden by Chapter 11 debtor Obtained injunction from United States Bankruptcy Court, Middle District of Tennessee, that resulted in recovery of precious metals taken and hidden by Chapter 11 debtor. Receiver for residential construction project Served as court-appointed receiver for a residential construction project that was the subject of litigation among the owner, builder and secured creditor. Successfully managed and sold the property, resulting in payment in full to secured creditors.  Dismissal of bankruptcy adversary proceeding alleging violation of Fair Debt Collection Practices Act Obtained order from the United States Bankruptcy Court, Middle District of Tennessee, granting judgment on the pleadings in adversary proceeding filed by Chapter 13 debtor against mortgage servicer. Adversary proceeding alleged violations of the Fair Debt Collection Practices Act, wrongful foreclosure, breach of contract and violation of the automatic stay. Judgment based on promissory notes and collection of amounts owed Litigated case in the United States District Court, Western District of Tennessee, based on seven-figure promissory note and guaranties. Obtained judgment and enforced it through charging order, judgment liens, bank garnishments and settlements with borrowers and guarantors.  Dismissal of adversary proceeding seeking to invalidate deed of trust Obtained dismissal, with prejudice, of Chapter 13 debtor’s adversary proceeding in the United States Bankruptcy Court, Northern District of Mississippi. Adversary proceeding sought finding against mortgage servicer that mortgage was invalid.  Summary judgment in favor of mortgage servicer Obtained summary judgment from the United States Bankruptcy Court, Eastern District of Tennessee, in favor of mortgage servicer in Chapter 13 bankruptcy adversary proceeding in which servicer’s foreclosure on the debtor’s property was challenged. Defense of challenge to lending practices Defended mortgage lender against challenge of lending practices and Tennessee Title Pledge Act. Resulted in a settlement. Dismissal of challenge to mortgage foreclosure Obtained order from the United States Bankruptcy Court, Northern District of Mississippi, dismissing adversary proceeding filed by Chapter 7 debtor challenging foreclosure on debtor’s property. Defense in litigation alleging theft Defense of claim that company's employee allegedly stole a multimillion-dollar stamp collection. Case settled after jury trial. Defense of adversary proceeding seeking recovery of money or property Obtained dismissal of adversary proceeding filed by Chapter 7 debtor against mortgage servicer in the United States Bankruptcy Court, Northern District of Mississippi.