Experience
  • General Experience
    • Experience Short

      General Medicine PC vs. HealthSouth Corporation, CV-05-3042, Cir. Ct of Jefferson County, Ala

      Defense of HealthSouth in litigation in Alabama brought by a Michigan company seeking to force HealthSouth to pay a $376 million consent judgment entered in federal court in Michigan in favor of the plaintiff and against a former subsidiary of HealthSouth, Horizon/CMS Healthcare Corp. The plaintiff alleges that HealthSouth should be required to pay the consent judgment, plus 10% interest, on the disputed theories that (i) HealthSouth received fraudulent transfers of Horizon’s assets, and (ii) Horizon was HealthSouth’s mere alter ego. Plaintiff claims $700+ million, including interest. Attorneys in the Birmingham office are handling this case, which is pending.

      In re Colonial BancGroup, Inc. v. Branch Bank & Trust Company, 2:11 cv-00824, in the M. D. of Ala.

      Defense of BB&T in lawsuit filed against it by The Colonial BancGroup, Inc., a chapter 11 debtor, seeking to claw-back $300 million in assets of its former subsidiary, Colonial Bank, which assets BB&T acquired from the FDIC-Receiver after Colonial Bank failed. BB&T also asserts a third-party claim against the FDIC for indemnification of the plaintiff’s claims. The pending case presents the novel issue of whether a bankrupt bank holding company can claw back assets of its failed bank subsidiary from the assuming bank that acquires the assets from the FDIC-Receiver.

      Represent HealthSouth in the collection of a $2.9 billion dollar final judgment entered against its former CEO, arising out of his perpetration of a massive accounting fraud against the company during his tenure as its CEO.

      Represented a regional healthcare facility in multi-million dollar swap litigation in the Lehman Brothers bankruptcy.

      Represented group of overseas creditors who successfully petitioned for an involuntary bankruptcy case against a mattress manufacturer located in Alabama.

      Represented limited partners in a fraudulent transfer lawsuit against the transferees of their former general partner who absconded with partnership assets.

      Represented a public corporation in a non-dischargeability action against its bankrupt, former-officer.

      Represented lenders in litigation against obligors and guarantors.

      Represented judgment creditors in execution sales and other collection procedures.

      Defended large preference claims and other bankruptcy avoidance actions against corporate clients of the firm. Recent results include settling a $5 million preference claim by a steel manufacturer for less than 1 cent on the dollar, and winning a seven-figure preference claim against a major oil refiner on summary judgment.

      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 $10,000.00.

      Dismissal with prejudice of a $650,000 preference action

       

      Dismissal with prejudice of a $650,000 preference action against a regional insurance broker.

      Five figure settlement of a $4.3 million dollar fraudulent transfer action

      Five figure settlement, on behalf of a Boston private equity firm, of a $4.3 million dollar fraudulent transfer action.

      Meyers (U.S. Bankruptcy Court, N.D. Ala. 2007)

      Obtained summary judgment in favor of a federal thrift in a non-dischargeability lawsuit against former employee that involved claims of embezzlement and fraud while acting in a fiduciary capacity.

      David Alan Hines (U.S. Bankruptcy Court M.D. Ala.)

      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.

      Gulf States Steel, Inc. of Alabama (U.S. Bankruptcy Court N.D. Ala. 1999)

      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.

      Bethlehem Steel Corporation (U.S. Bankruptcy Court S.D. NY 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.