Interim in-house bankruptcy counsel
Served as interim in-house bankruptcy counsel for Fortune 100 financial institution from late 2016 through early 2017, managing projects, updating policies and procedures, editing customer communications, and addressing legal issues related to bankruptcy.
CFPB bankruptcy billing statement projects
Designed and assisted multiple clients in implementing the CFPB’s amended mortgage servicing rules as related to accounts impacted by bankruptcy.
Bankruptcy risk assessments
Designed and conducted bankruptcy risk assessments for multiple clients to test compliance with respect to key consumer bankruptcy milestones.
Bankruptcy policies and procedures overhaul
Redesigned a client’s bankruptcy policies and procedures, incorporating compliant aspects of existing policies and procedures and creating or editing policies and procedures where compliance gaps existed.
Bankruptcy vendor onsite audits
Conducted onsite audits of clients’ primary bankruptcy vendors to evaluate performance under statements of work and general compliance with applicable bankruptcy law, local rules and applicable administrative orders.
CFPB mock examinations
Conducted mock CFPB examinations of clients’ bankruptcy departments with respect to module in examination procedures covering collections and bankruptcy.
Co-authored comments to the CFPB on behalf of client and industry group with respect to proposed amended mortgage servicing rules regarding early intervention and periodic statements for accounts impacted by bankruptcy.
CFPB/Jurisdiction-based loss mitigation program
Designed and counseled client in implementing bankruptcy loss mitigation procedures and correspondence that integrates the CFPB’s loss mitigation requirements with requirements imposed in various bankruptcy courts via administrative order, local rule or chambers guidelines.
Bankruptcy Rule 3002.1 remediation projects
Designed and counseled client in implementing remediation strategies related to populations of accounts in which payment change notices, notices of post-petition fees/charges, or responses to notices of final cure were not filed timely.
Bankruptcy post-petition accounting reconciliation
Designed and counseled client in implementing remediation strategies related to eliminating backlog of accounts in which post-petition payments had not been reconciled with triggering events during bankruptcy.
National Mortgage Settlement
Negotiated on behalf of client with respect to bankruptcy terms integrated into the National Mortgage Settlement and worked with clients on bankruptcy performance under testing metrics established by consent order.
Hill v. U.S. Bank, National Association, et al. (U.S. Bankruptcy Court S.D. Tex.), 2013 WL 504859, February 8, 2013
Obtained partial summary judgment on behalf of noteholder in trustee’s action to avoid security interest under Bankruptcy Code Section 549.
Marchetti v. Hines (U.S. Bankruptcy Court M.D. Ala.), 2009 WL 4508484, December 1, 2009 (aff’d M.D. Ala. Aug. 30, 2010, 436 B.R. 159 and 11th Cir. Mar. 23, 2011, 418 Fed. Appx. 797)
Obtained summary judgment in an adversary proceeding to deny the debtor a discharge under Section 727(a)(2)(A) of the Bankruptcy Code with respect to the debtor’s pre-petition transfers of substantial assets.
In re Meyers (U.S. Bankruptcy Court, N.D. Ala. 2007)
Obtained summary judgment in favor of a federal thrift in a nondischargeability lawsuit against former employee that involved claims of embezzlement and fraud while acting in a fiduciary capacity.
Reagor-Dykes Motors, LP (U.S. Bankruptcy Court N.D. Tex. 2018)
Represented secured retail lender in a Chapter 11 proceeding involving eleven affiliated automobile dealerships, working through numerous issues related to cash collateral, post-petition financing, proposed asset sales, plan confirmation and relief from stay.
Canal Road Homes, LLC (U.S. Bankruptcy Court S.D. Ala. 2015)
Represented secured lender in a Chapter 11 proceeding involving a Gulf Coast real estate development, successfully negotiating the debtor’s use of cash collateral to maximize the value of real estate subject to the lender’s first lien and the confirmation of a consensual Chapter 11 plan incorporating an auction and sale of property to the lender via credit bid.
Bethlehem Steel Corporation (U.S. Bankruptcy Court S.D.N.Y. 2001)
Represented a Fortune 1000 company in a preference action seeking to recover over $4.3 million, settling the matter for approximately five cents on the dollar.
Carraway Methodist Health Systems (U.S. Bankruptcy Court N.D. Ala. 2006)
Represented a nonprofit hospital, Carraway Methodist Health Systems, and several of its affiliates in Chapter 11 proceedings before the bankruptcy court in Birmingham, Alabama. Creditor claims totaled over $140 million. Approximately seven weeks after the filing date, obtained court approval of the sale of substantially all the debtors’ assets, which preserved more than 1,000 local jobs. Within approximately eight months of the bankruptcy filing, obtained confirmation of a Chapter 11 plan of liquidation.
Carraway Methodist Health Systems (U.S. Bankruptcy Court N.D. Ala. 2006) 2008 WL 2937781, July 23, 2008
Obtained court order sustaining claim objection related to pre-petition and administrative claims.
Gulf States Steel, Inc. of Alabama (U.S. Bankruptcy Court N.D. Ala. 2004)
Represented a private equity fund and its affiliates in a fraudulent transfer lawsuit seeking to recover over $3.1 million, settling for less than two cents on the dollar.
Lexington Fabrics (U.S. Bankruptcy Court N.D. Ala. 2004)
Negotiated and obtained confirmation of a Chapter 11 plan of liquidation for a regional sportswear manufacturer, having successfully litigated several contested matters with the debtor’s pre-petition lender over use of cash collateral and relief from stay.
Moore-Handley, Inc. (U.S. Bankruptcy Court N.D. Ala. 2009)
Served as lead trial counsel in the firm’s representation of the debtor, a 125-year-old hardware distributor. Within 75 days of the debtor’s bankruptcy filing, the firm successfully led the debtor through a contested sale of substantially all of its assets, eliminating operating losses and preserving going-concern value for creditors and the estate.
Novergence, Inc. (U.S. Bankruptcy Court District of New Jersey 2004)
Represented a publicly traded company in a preference action seeking to recover over $3.9 million, settling the matter for $10,000.
Out-of-court restructuring of Birmingham-based manufacturer (2006)
Represented a closely held, Birmingham-based structural steel manufacturer in an out-of-court restructuring of its multimillion-dollar secured debt, allowing management to retain their ownership interests in the company and recover from unexpected, adverse market conditions. The company has enjoyed years of record-setting profitability in the years following the restructuring.