Austin L. McMullen

Partner
Legal Assistant
Diane Abbott
P: 615.252.3801 dabbott@bradley.com
Representative Experience
  • General Experience
    • 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.
  • Governmental Affairs
    • Defense of property rights
      Defended the rights of Davidson County, Tennessee, property owners in the Board of Zoning Appeals, Environmental Court and Circuit Court against actions brought by the Metro Codes Department.

      Representation of the Fraternal Order of Police
      Represented the Fraternal Order of Police to challenge proposed referendum to amend to the Metro Charter. Litigation took place in the Davidson County Election Commission, Davidson County Circuit Court and the Tennessee Court of Appeals.

      Representation before the Tennessee Registry of Election Finance
      Successfully defended against campaign finance complaints challenging ability of political action committee to support campaign by the Tennessee Speaker of the House. 

      Lawsuits concerning enforceability of term limits
      Represented Knox County Election Commission in several lawsuits concerning the enforceability of term limits in the Knox County Charter and qualifications of candidates to run for office.

      Rezoning of property
      Successfully obtained the rezoning of property for the construction of a specialty grocery store in Nashville. Rezoning was approved by the Metro Nashville Planning Commission and Metro Nashville Council.

      Litigation and settlement of FTC allegations
      Litigation and settlement of Federal Trade Commission allegations that company engaged in deceptive trade practices, violation of the federal Do Not Call Registry.

      Environmental permitting issues, administrative hearing and judicial review
      Advised developer of sanitary landfill on environmental permitting issues and represented developer in administrative hearing and judicial review litigation regarding nonconforming use status of sanitary landfill.
  • Licensing and Compliance
    • Licensing matters

      Obtained all licenses for 17 casual dining restaurants in Tennessee and Virginia as part of seven-state transaction with a national chain on a compressed schedule to ensure timely closing of deal.

      Obtained licensing for more than 200 convenience stores in Tennessee, Alabama, Kentucky, Virginia, Georgia, Arkansas and Louisiana as part of ownership change.

      Obtained licensing for privately owned arts and events center seeking to increase revenue sources to support unique contemporary performances otherwise unavailable in Tennessee.

      Represented new ownership group of Nashville’s Minor League Baseball team to obtain alcoholic beverage licensing.

      Represented international publicly traded oil and gas company in litigation against regulatory authority regarding applicability of distance ordinances to grandfathered location.

      Obtained alcoholic beverage permits for sports tavern chain expanding into Tennessee with five new locations.

      Obtained licensing for newly built hotel and convention center.

      Obtained necessary permits for locally owned blues bar located in Nashville.

      Represented multi-state burger bar to permit first Tennessee location in Knoxville.

      Represented owners of four different golf courses to obtain alcoholic beverage permits.

      Compliance matters

      Advised landlord regarding applicability of distance ordinances when converting shopping center to multi-use facility.

      Advised steakhouse chain expanding into Tennessee to ensure advertising compliance.

      Structured transactions to comply with ownership change regulations

      Renewals

      More than 19 years of experience managing permit renewal process for clients, including hotels and restaurants.

      Citation defense

      Successfully resolved citations against businesses and employees for convenience store.