Bankruptcy & Restructuring
Our attorneys have been involved in all aspects of bankruptcy cases, including pre-bankruptcy negotiations, confirmation of Chapter 11 plans of reorganization, investigation and litigation of preferences, fraudulent transfers, and other potential estate causes of actions, including breach of duty claims against directors and officers and deepening insolvency claims.
The practice has been involved in significant bankruptcy matters cases across the U.S. in a variety of industries, including:
- Automotive
- Banking/lending
- Coal mining
- Entertainment
- Healthcare
- Hospitality
- Manufacturing/distributing
- Real Estate (commercial, large residential development and mixed-use)
- Retail manufacturing/sales
- Nonprofit organizations
Our broad range of clients includes:
- Individual lenders
- Banks, insurance companies, finance companies and other institutional lenders
- Equity holders and joint venturers in financially distressed companies
- Boards of distressed businesses
- Persons seeking to invest in troubled businesses or to acquire assets or entire businesses from a distressed or bankrupt seller
- Receivers, case trustees and post confirmation fiduciaries
- Lessors and lessees of real estate, equipment and intellectual property
- Unsecured creditors’ committees
- Publicly traded companies in Chapter 11
Our attorneys also handle a variety of commercial litigation matters that arise in bankruptcy proceedings or in state or federal courts involving creditor-debtor relations or lender liability issues.
Our attorneys have represented numerous purchasers of distressed assets out of bankruptcy proceedings in many industries, including several hospital acquisitions.
In many instances, attorneys in this group work closely with members of the firm’s other practice groups, such as banks & financial institutions, tax, corporate & securities, real estate and environmental. In addition, the firm has provided neutrals to mediate disputes in the bankruptcy-insolvency context, as well as in various commercial disputes.
Our bankruptcy attorneys have been recognized in Chambers USA, Best Lawyers in America®, Lawdragon, Super Lawyers, Business Tennessee and Nashville Business Journal’s “Best of the Bar.”
Experience
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Represented Old Time Pottery and OTP Holdings in the restructuring of its debt and lease obligations when the companies filed voluntary Chapter 11 cases in the Middle District of Tennessee in late June 2020 and emerged from bankruptcy with a confirmed plan of reorganization providing for new permanent exit financing and payment in full of allowed claims in November 2020.
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Served as primary outside counsel to the NHL’s Nashville Predators since 2010.
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Served as counsel to the Official Committee of Unsecured Creditors of Vanguard Healthcare in protecting interests of unsecured creditors in all aspects of bankruptcy and achieving 100% recovery of amounts owed to unsecured creditors
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Represented the liquidating trustee in a high-profile bankruptcy
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Obtained complete defense judgment on behalf of AutoZone in the bankruptcy court for the District of Delaware
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Representation of management and publishing company in suit by well-known entertainer to “break” management and publishing contracts
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Publications
Past Events
Media Mentions & Firm News
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Chambers USA
"Successful team of established bankruptcy practitioners with expertise in assisting clients with restructurings and court proceedings. Clients include business debtors, secured and unsecured creditors, and purchasers of assets. Often acts on distressed matters in the healthcare and pharmaceutical industries. 'The team consistently delivers a high level of responsiveness. They always make me feel like I am their only client.'"
From Chambers USA 2022
The M&A Advisor
Bass, Berry & Sims' work recognized in the Chapter 11 Reorganization of the Year ($10MM to $100MM) category