Banking and Commercial Loan Documentation

We represent banks, trade vendors and other lenders in the documentation of credit transactions across a wide array of industries, secured by various forms of collateral.

In preparing any loan or credit agreement, we draw on our litigation experience in enforcement of loan documents to anticipate and avoid the mistakes found in many loan agreements. We work with clients to prepare credit documents that fully protect the lender’s interests in the loan transaction. Our clients often call on us to provide a “due diligence” review of their proposed transactions and loan documents in advance of any action.

Our lawyers also regularly assist clients in the negotiation, structure and documentation of amendments, renewals, restructuring and extension of existing loan facilities. Because of our deep expertise in bankruptcy and insolvency, many clients seek our counsel for strategy when their existing loans show the first signs of default. We provide strategic counsel for obtaining new collateral and guaranties, avoiding preferential transfers, and negotiating forbearance agreements.

Bankruptcy and Receivership Proceedings

While our firm is best known for its representation of creditors, this expertise also provides our lawyers with unique knowledge to represent any party dealing with issues related to insolvency or the bankruptcy process.

We have been hired to serve as litigation counsel for bankruptcy trustees, counsel for unsecured creditors’ committees, and have represented parties in the purchase of assets out of bankruptcy estates. Lenders, trade suppliers and other creditors have engaged us to defend them in bankruptcy adversary proceedings filed by debtors and bankruptcy trustees. We also routinely represent and protect the interests of other interested stakeholders in the bankruptcy process, such as guarantors, spouses, members of corporate boards of directors, investors and co-debtors.

Outside of Bankruptcy Court, we have served as court-appointed receivers to assist in the management and wind-down of Tennessee businesses. We have also frequently been engaged by receivers as special counsel to handle legal arisings in the receivership, as well as to prosecute claims and enforce rights of the receivership.

Creditors’ Rights and Judgment Enforcement

A judgment isn’t worth the paper it’s written on if a creditor can’t collect from the debtor. We not only litigate to enforce credit agreements, but our firm is also experienced in the most effective methods to collect on judgments. We routinely appear in collection and creditors rights litigation in state and federal courts to enforce loans and unpaid credit transactions.

Once a judgment is obtained, our lawyers work to collect the judgment debt by investigation and seizure of available assets, including through execution, levies, lien enforcement, foreclosure sales sheriff’s sales, and post-judgment asset discovery.

Our lawyers represent a wide variety of creditors in Bankruptcy Court under all chapters of the Bankruptcy Code. We have represented secured creditors, critical vendors, unsecured creditors and have acted as counsel for bankruptcy trustees and unsecured creditors’ committees. Additionally, we routinely litigate issues related to reorganization, confirmation of bankruptcy plans, stay relief and objections to dischargeability of debts.

Commercial Real Estate

We provide general counsel to a wide range of real estate clients, including investors, developers, tenants, real estate brokers and property managers, at all stages of the real estate transaction process. Our knowledge of the full spectrum of these transactional and litigation issues provides our clients with a valuable resource for analyzing any issue related to a commercial real estate project.

Owners and real estate management companies routinely seek our assistance in property management and commercial leasing transactions, including lease preparation, review, and negotiation on behalf of both landlords and tenants.

We also handle the litigation arising in these areas, including commercial landlord and tenant disputes, defense of mechanics’ and materialmen’s liens, ownership disputes, purchase contract disputes, and other breach of contract matters.

Commercial and Real Property Litigation

We handle a variety of litigation related to financial, commercial and real property transactions in all of the federal and state courts in Tennessee. The litigation that we routinely handle includes:

• Secured and unsecured creditors’ rights litigation to enforce loan documents
• Enforcement and defense of mechanics’ and materialmens’ lien claims
• Lien disputes and quiet title litigation
• Lawsuits for specific performance of real estate sale agreements
• Actions to defend and enforce contracts agreements, including non-compete and non-solicitation agreements
• Commercial eviction actions
• Lawsuits and counterclaims brought against financial institutions and servicers

While litigation is often unpredictable in both outcome and expense, we pride ourselves on our ability to provide a decisive plan of action at the beginning of a matter, a reasonable expectation of the budget, and, in most cases, a reliable analysis of the likelihood of success in the matter, drawn from decades of experience in similar matters.

External Counsel and Expert Witness Services

In addition to helping navigate complex legal matters, we also serve an essential role as “trusted advisor” to many of our clients, who seek our opinion on a variety of legal challenges facing their business. These questions often relate to routine business issues, and our clients call to discuss these small issues with us, in order to avoid larger problems later. For these clients, we hope to serve as their external counsel and provide smart advice to help them grow, as well as avoid preventable mistakes.

Additionally, we are often asked by bar organizations and private litigants to provide expert witness services and testimony in cases involving creditors’ rights, foreclosure, and related issues arising under Tennessee law.