Creditors' Rights, Out-of-Court Workouts & Commercial Litigation

Stites & Harbison's attorneys in the Creditors' Rights and Bankruptcy Service Group (CRABS) advise and represent their clients in workout negotiations, default and foreclosure and actions in state courts and in contested matters and adversary proceedings arising under Chapters 7, 11, 12 and 13 of the United States Bankruptcy Code. Typical clients include secured creditors, trade and other unsecured creditors, landlords, insurance companies, equipment lessors, creditors' committees, indenture trustees, liquidating trustees and preference and fraudulent conveyance defendants. Members of the CRABS group regularly partner with members of other practice groups, such as the Environmental and Natural Resources, Intellectual Property, Construction, Real Estate and Banking and Health Care groups, to negotiate and litigate complex issues in United States Bankruptcy Courts from coast to coast.

Experience

  • Represented the D-I-P lender and successful purchaser in the Chapter 11 Bankruptcy of a hospital.  Successfully negotiated an 11 U.S.C. Section 363 sale of all of the hospital's assets to the client within 90 days of the petition.
  • Handled two foreclosures of entire subdivision developments in Southern Indiana
  • Represent hedge fund, obtained favorable judgment against guarantor to recover fraudulent transfer
  • Represent title insurance company in litigation brought by Chapter 11 debtor's mortgage warehouse lender
  • Seeking judgment and possession of limobus in Jefferson County, Kentucky