New Tennessee Court of Appeals decision provides advice for foreclosures of real property developments

A new opinion from the Tennessee Court of Appeals provides valuable guidance to attorneys foreclosing on commercial properties. The matter is Tennessee Funding, LLC. v. William Worley (No. M2019-01099- COA-R-CV, Tenn. Ct. App. Nov. 26, 2019), and the issue was whether a foreclosing lender took ownership of the contract rights associated with the real property–specifically, … Continue reading “New Tennessee Court of Appeals decision provides advice for foreclosures of real property developments”

Medical Debts: The Burden that Keeps on Crushing Debtors

A few months ago, I wrote about a hospital in Memphis that made national news for suing its employees for unpaid medical bills. At the time, I was critical of the practice, both because it was terrible public relations for the employer and also such a hardship on the employees. This new decision from the … Continue reading “Medical Debts: The Burden that Keeps on Crushing Debtors”

341: Nashville lawyers go to US Supreme Court, while Memphis lawyers settle the most talked about Tennessee lawsuit

From the Supreme Court to Nashville… I’m on a plane from Washington, DC, with about 7 Nashville lawyers riding with me, after yesterday’s United States Supreme Court oral arguments that featured Nashville bankruptcy lawyers on both sides. Here’s how SCOTUS Blog framed the issue: whether a bankruptcy court’s denial of a creditor’s motion seeking relief … Continue reading “341: Nashville lawyers go to US Supreme Court, while Memphis lawyers settle the most talked about Tennessee lawsuit”

The James Wiseman saga mixes my two favorite things: Memphis basketball and Chancery Court procedure

The James Wiseman news ruined my Friday evening. It doesn’t get more ominous than this: First, I’m a Memphis fan. This includes the University of Memphis, the basketball team, the football team, the people of Memphis, and the city itself. (Side Note: As a Memphian For Life, how awesome was it to see my Memphis … Continue reading “The James Wiseman saga mixes my two favorite things: Memphis basketball and Chancery Court procedure”

How to Get Rich in Distressed Assets in Nashville? (You probably won’t like my answer)

In a strong economy like Nashville-2019, I get lots of calls from people looking for “good deals” on real estate. First, I tell them to buy a time machine that will take them back to 2010. Then, I commiserate with them about all the awesome deals that I watched other people pounce on over the … Continue reading “How to Get Rich in Distressed Assets in Nashville? (You probably won’t like my answer)”

You’ll be hearing a lot about “predatory installment loans” in 2020

There’s a new lending device that’s gaining popularity across the country, and it’s coming to Tennessee soon. As in, “to be considered by the 2020 Tennessee Legislature” soon. It’s called an “online installment loan,” and it’s a new form of pay-day lending, but with a few extra bells and whistles that make it look more … Continue reading “You’ll be hearing a lot about “predatory installment loans” in 2020″

October is Pro Bono Month in Tennessee, and what have you done?

October is Pro Bono Month in Tennessee. The Tennessee Bar Association’s Celebrate Pro Bono Month 2019 page has a list of opportunities to choose from. It is not difficult. A lot of lawyers never provide pro bono services. Frequently, they’ll say “I practice in [insert corporate/high end practice area], and there’s nothing I can do … Continue reading “October is Pro Bono Month in Tennessee, and what have you done?”

New Court of Appeals Opinion revisits ineffective service of process issues in Tennessee

In March, I discussed the rapidly developing litigation in Tennessee debtor-creditor law about the failure of many process servers to comply with Tenn. Code Ann. § 16-15-901(b). In order to have valid service of process, this statute says: “The process server must be identified by name and address on the return.” Note: Here’s my post … Continue reading “New Court of Appeals Opinion revisits ineffective service of process issues in Tennessee”

New Tennessee Law Allows Judgments from Foreign Countries to be Enforced in State

A few years ago, I asked the question “How ‘Foreign’ can a foreign judgment be and still be entitled to domestication?“ In that post, I considered whether a a truly foreign judgment, i.e. one entered by a different country, could be domesticated and enforced in a state court, whether under state law (i.e. the Uniform … Continue reading “New Tennessee Law Allows Judgments from Foreign Countries to be Enforced in State”

Listen to the Judges

One of the benefits of practicing law for nearly two decades is that, by this time, I know the judges. I’ve either appeared in front of them dozens of times or, just as likely, I know them personally after spending years dealing with them when they were just regular lawyers. Now, this isn’t to suggest … Continue reading “Listen to the Judges”