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Nevermind the Kombucha Jokes: WeWork Bankruptcy shows the power of 11 USC § 365

When WeWork filed bankruptcy last year, the reactions fell into two general buckets. On a business level, the commercial real estate folks brought a “told you so” energy, calling this the end of flexible office space. On twitter, it was mostly jokes about former CEO/guru-preneur, Adam Neumann, poking fun at the company’s unchecked growth, sustained … Continue reading “Nevermind the Kombucha Jokes: WeWork Bankruptcy shows the power of 11 USC § 365”

Levy Involving Deja Vu (Yes, that Deja Vu) Highlights Tennessee’s Conditional Judgment Process

A recent case involving Deja Vu Showgirls Nashville (warning: do not click that link) offers a useful map for a judgment creditor to follow where a garnishee fails to answer a wage garnishment. In the case, One Main Financial Group, LLC v. Edward Hackney, Jr. (Davidson Co. General Sessions Docket No. 23GC8323), the Plaintiff served … Continue reading “Levy Involving Deja Vu (Yes, that Deja Vu) Highlights Tennessee’s Conditional Judgment Process”

341 Recaps: Recording Judgments, Getting the Checks Right, and the very small advantage of Small Law

The Race is On. On Friday, I wrote about the Chancery Court opinion that “blesses” the common practice of recording your judgments as a lien, even though the Tenn. R. Civ. P. 62.01 “30 day stay” was still in effect. I’ve heard from a number of lawyers that it’s what they’ve always done, but, nevertheless, … Continue reading “341 Recaps: Recording Judgments, Getting the Checks Right, and the very small advantage of Small Law”

The race is on: Davidson County Chancery answers a long-standing question regarding judgment liens

We’re one step closer to answering one of Tennessee collection law’s greatest mysteries: Can a judgment creditor record a copy of its judgment as soon as it is signed by the Judge, or must the creditor wait 30 days? The question arises under Tenn. R. Civ. P. 62.01, which says that “…no execution shall issue … Continue reading “The race is on: Davidson County Chancery answers a long-standing question regarding judgment liens”

Can a Sheriff’s Execution Sale of Real Property be Continued? (Not Without Court Order or Express Statutory Authority)

A few months ago, I got an unexpected call from a local Sheriff’s Office, late on a Friday afternoon. (Hardly ever always a good thing.) This Sheriff and I had done a real property “sheriff’s sale” a few years ago that was very successful, and he had one scheduled for Monday that he needed my … Continue reading “Can a Sheriff’s Execution Sale of Real Property be Continued? (Not Without Court Order or Express Statutory Authority)”

Don’t Worry About Party Fowl: Chapter 11 Bankruptcy Isn’t Always a Bad Thing

Bankruptcy doesn’t necessarily mean that a business is shutting down. You wouldn’t think that, though, based on the reactions online to the news that Party Fowl, a local “Nashville Hot Chicken” restaurant, filed Chapter 11 bankruptcy last week. Some of it can be chalked up to schadenfreude: The restaurant was the site of a fairly … Continue reading “Don’t Worry About Party Fowl: Chapter 11 Bankruptcy Isn’t Always a Bad Thing”

Smaller Law 101: Advice from Taylor Swift about Bad Client Intake

When I think about my least favorite cases, it’s generally because the client is terrible in some crucial way. I remember the day I got my own all-time least favorite case. It was about 20 years ago, and my day started with a simple matter in Williamson County General Sessions Court. While I was waiting … Continue reading “Smaller Law 101: Advice from Taylor Swift about Bad Client Intake”

Plaintiffs Counsel Beware: Tenn. Court of Appeals issues new opinion on “finality” of general sessions judgments

If you’ve ever filed a lawsuit involving multiple claims or multiple parties, you probably already know how Tenn. R. Civ. P. 54.02 works. If you don’t, here’s a primer that I wrote in 2017. Yesterday, the Tennessee Court of Appeals issued a new opinion on this topic, which is a must read for sessions lawyers. … Continue reading “Plaintiffs Counsel Beware: Tenn. Court of Appeals issues new opinion on “finality” of general sessions judgments”

Nashville Has a Bankruptcy Lawyer Problem

There are hardly any bankruptcy lawyers in Nashville under the age of 40. With three law schools in the Middle Tennessee area, you’d think there’d be more than enough lawyers in Nashville to satisfy any and every conceivable legal need.  If so, you’d be wrong. In my recent experience, Nashville is an under-lawyered city, if … Continue reading “Nashville Has a Bankruptcy Lawyer Problem”

Borrower Beware: The Growth of the Loan-To-Own Lender in Middle Tennessee

I have a question I ask clients when they ask me to foreclose on a property. “Do you want the money or do you want the property?” Some clients are baffled by the question. They are banks, they’ll tell me, and what are we going with a property? Who is going to evict the tenants, … Continue reading “Borrower Beware: The Growth of the Loan-To-Own Lender in Middle Tennessee”