Adam M. Back

Business Litigation

Caterpillar Fin. Servs. Corp. v. Sunnytime Seeding & Landscaping, LLC, 2011 U.S. Dist. LEXIS 118148 (E.D. Ky. October 12, 2011).  Granted summary judgment in favor of plaintiff.

Southern Indust., LLC  v. Maxine, LLC, 2009 Ky. App. Unpub. LEXIS 996 (Ky. Ct. App. Nov. 25, 2009).  Successfully argued for affirmation of order finding that a mechanics lien on commercial landlord’s property for work done on tenant’s behalf was not enforceable.

Bankruptcy Litigation

Spradlin v. Beads and Steeds Inns, LLC, 518 B.R. 408 (Bankr. E.D. Ky. 2014).  Court denied trustee’s motion to amend complaint to include a substantive consolidation count based on futility argument.

Teague v. Taylor, 2012 Bankr. LEXIS 2825 (Bankr. E.D. Ky. June 19, 2012).  Court granted motion for summary judgment filed by secured lender based on continuing security interest in collateral sold by debtor entity.

Lucky v. Ky. Bank, 2011 Bankr. LEXIS 5734 (Bankr. E.D. Ky. March 21, 2011). Obtained favorable summary judgment as to all of debtor’s claims including breach of privacy and intentional infliction of emotional distress.

Bankruptcy Litigation – Reverse Veil Piercing

Spradlin v. Beads and Steeds Inns, LLC, 516 B.R. 163 (Bankr. E.D. Ky. 2014).  Successfully argued that reverse veil piercing cannot be utilized by Chapter 7 trustee to permit fraudulent conveyance claims based on a transfer made by an entity owned by debtors.

Successful Defense of Veil-Piercing Claim

Spradlin v. Beads and Steeds Inn, LLC (In re Howland), Case No. 16-5499 (Jan., 2017) (unpublished)

The Sixth Circuit Court of Appeals upheld the lower court rulings SKO obtained in a matter involving novel Kentucky corporate law claims centered on reverse veil piercing and substantive consolidation claims under bankruptcy law. SKO successfully defended the client against efforts by a Chapter 7 trustee to avoid the transfer of a parcel of real property. In this case, the client purchased a farm from an LLC, which leased it back to continue operating its business at the location. When the individual members of the LLC later sought bankruptcy relief, the trustee filed a complaint, alleging the client was the recipient of a fraudulent transfer. SKO proved the property transfer was made to our client by the LLC, not the individual debtors. Efforts by the trustee to amend and consolidate the complaint on appeal, as well as invoke reverse veil-piercing, were unsuccessful in federal Bankruptcy Court, the U.S. District Court for the Eastern District of Kentucky and the Sixth Circuit Court of Appeals.