Creditors' Rights & Bankruptcy

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

The attorneys of Stites & Harbison’s Creditors' Rights & Bankruptcy Service Group advise and represent 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. We also handle creditor defense and bankruptcy litigation.

Our experience includes:

  • Financial institution representation
  • Creditor defense and bankruptcy litigation
  • Work for 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 Creditors' Rights & Bankruptcy Service Group regularly partner with members of other Stites & Harbison practice groups including Environmental, Energy & Sustainability, Intellectual Property, Construction, Real Estate and Banking, and Health Care to negotiate and litigate complex issues in United States Bankruptcy Courts from coast to coast.

Representative Matters:

  • 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.
  • Representing a hedge fund, obtained a favorable judgment against the guarantor to recover fraudulent transfer.
  • Representing a title insurance company in litigation brought by Chapter 11 debtor's mortgage warehouse lender.
  • Seeking judgment and possession of Limobus in Jefferson County, Kentucky.
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Press Releases

Chrisandrea Turner Earns 2024 Lawdragon Global Honor in Bankruptcy & Restructuring

Lawdragon has named Stites & Harbison, PLLC attorney Chrisandrea Turner to the 2024 Lawdragon 500 Leading Global Bankruptcy & Restructuring Lawyers. Turner has been recognized four times by Lawdragon – three times in the U.S. guide and once in the current global guide, which replaces the U.S. guide. Turner is the only Kentucky attorney honored in 2024.

by Stites & Harbison, PLLC July 11, 2024
Creditors' Sidebar

Even in Lockup, Creditors are Entitled to “Adequate” Committee Representation

Image by Lisa Redfern from Pixabay When a business’s prospects take a turn for the worse, its bankruptcy may be in the offing. But the road to bankruptcy can be a lengthy journey. Even when...
by Brandon Lira June 21, 2024
Client Alerts

You Have a Voice: The Supreme Court Rules Everyone Except for “Truly Peripheral Parties” May Participate in Chapter 11 Proceedings

Learning that a bankruptcy which may impact you has been filed can be disconcerting. Bankruptcy navigates a complicated statutory framework that strikes a delicate balance between a debtor’s interest in financial rehabilitation and the creditors’ interest in maximizing their recoveries. Compounding this complexity is §1109(b) of the Bankruptcy Code, which governs the rights of “parties in interest” to participate in Chapter 11 restructurings. But are you a party with a voice in the case? In Truck Insurance Exchange v. Kaiser Gypsum Co., Inc. et al., the Supreme Court has brought some clarity to this issue.

by Brian R. Pollock and Brandon Lira June 18, 2024
Press Releases

Stites & Harbison Welcomes Bridget Stewart to the Nashville Office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Bridget A. Stewart to the firm based in the Nashville, Tenn., office. She joins the Business Litigation Service Group.

by Stites & Harbison, PLLC April 11, 2024
Client Alerts

Significant Bankruptcy Issue Pending Before U.S. Supreme Court

In December 2023, the U.S. Supreme Court heard oral arguments in the case of Harrington v. Purdue Pharma, L.P., Case No. 23-124. Purdue Pharma is the drug manufacturer of the prescription opioid, OxyContin, an alleged contributor to a major public health crisis involving loss of life due to overdose. Chrisandrea Turner takes a look at the case in this Stites & Harbison Client Alert.

by Chrisandrea L. Turner April 04, 2024
Press Releases

Benchmark Litigation Selects Stites & Harbison as 2024 Litigation Firm of the Year for Kentucky

LOUISVILLE, Ky.—Benchmark Litigation recently named Stites & Harbison, PLLC as Litigation Firm of the Year for Kentucky at its 2024 Benchmark US Awards Gala. This is the fourth time Stites & Harbison has received the honor.

by Stites & Harbison, PLLC April 03, 2024
Press Releases

Thad Barnes and Michael Denbow Appointed to Lead Stites & Harbison’s Business Litigation Service Group

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that attorneys Thad M. Barnes and Michael Denbow have been appointed to Co-Chair the firm’s Business Litigation Service Group. Each attorney will continue their diverse legal practices in business litigation.

by Stites & Harbison, PLLC March 25, 2024
Events

22nd Annual Kentucky Environmental Conference

Date: 3/26/24 - 3/27/24

Embassy Suites by Hilton, Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Kentucky 40511

Jennifer Cave and Ken Gish will be speakers at this year's Kentucky Chamber of Commerce 22nd Annual Kentucky Environmental Conference to be held March 26-27 in Lexington, Ky.

Jennifer J. Cave and Kenneth J. Gish Jr. February 26, 2024
Press Releases

Stites & Harbison Attorneys Honored by 2024 Georgia Super Lawyers

ATLANTA—The 2024 edition of Georgia Super Lawyers recently honored Dan Douglass, Joe Kingma and Brandon Sartin, all based in the firm’s Atlanta office.

by Stites & Harbison, PLLC February 13, 2024
Press Releases

Chrisandrea Turner Selected for Leadership Lexington’s Class of 2023-24

LEXINGTON, Ky.—Leadership Lexington has selected Stites & Harbison, PLLC attorney Chrisandrea L. Turner as a member of the 2023-24 Leadership Lexington program.

by Stites & Harbison, PLLC August 29, 2023