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Adam M. Back

Member, Lexington

Adam is a Member in Stoll Keenon Ogden’s Lexington office, focusing his practice on bankruptcy, non-bankruptcy workouts, creditors’ rights, and distressed transactions. He has extensive experience in Chapter 11 (reorganization of commercial debt) and Chapter 9 (reorganization of municipal debt) bankruptcies and has represented major secured lenders, vendors, and lessors in significant coal industry cases in the U.S. Bankruptcy Courts for the Eastern Districts of Kentucky and Virginia.

Additionally, his practice includes substantial commercial and business litigation in Kentucky state courts and federal courts inside and outside of Kentucky, serving as lead counsel for multiple regional and local bank clients in commercial litigation, including collection and foreclosure matters.

Adam is listed in The Best Lawyers in America® and is a frequent speaker on creditors’ rights issues and has presented at external seminars sponsored by organizations including the University of Kentucky and the Kentucky Bar Association-Young Lawyers Division.  Active within the community, Adam is a founding director of University You, Inc. and a member of the Steering Committee for Commerce Lexington’s Leadership Lexington Youth Program. He currently serves on the board of directors for the Fayette County Bar Foundation, was a member of the 2013-14 Leadership Lexington program and previously served on the United Way of the Bluegrass Community Building Cabinet and as a volunteer instructor for Junior Achievement of the Bluegrass.

Education
University of Kentucky College of Law
2005, J.D.
Eastern Kentucky University
1999, B.A., cum laude
Admissions
Kentucky
U.S. Bankruptcy Court, Eastern District of Kentucky
U.S. Bankruptcy Court, Western District of Kentucky
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky
Various pro hac vice admissions

Recognition

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
  • Best Lawyers in America®, 2016 - present
  • Creditors’ Rights Attorney of the Year in Kentucky, Corporate INTL Magazine Global Award, 2014 and 2015
  • Leadership Lexington, Class of 2013-14
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Affiliations

  • American Bankruptcy Institute
  • American Bar Association
  • Kentucky Bar Association
  • Fayette County Bar Association
  • Fayette County Bar Foundation, board of directors
  • University You, Inc., Board of Directors, 2014 - present.
  • Commerce Lexington Leadership Lexington Youth, Steering Committee, 2014 -present.
  • Junior Achievement of the Bluegrass, Financial Literacy Instructor, 2012.
  • United Way of the Bluegrass, Community Building Cabinet, member, 2008-2010
  • United Way of the Bluegrass, Fayette County Fund Distribution Team, member, 2008-2010
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Work Highlights

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.

Related Practices: Banking Litigation

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.

Related Practices: Banking Litigation

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.

Related Practices: Banking Litigation

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.

Related Practices: Appellate
News Seminars
Business Ethics Seminar, co-presenter with Erica Galyon, Farmers Capital Bank Corporation, Farmers Capital Holding CompanyNov. 2014
“The Absolute Priority Rule in Individual Chapter 11 Cases: Recent Developments and Emerging Trends,” co-presenter with Jessica Haurylko, Stoll Keenon Ogden PLLC, Bankruptcy CLE, Fayette County Bar Association Bankruptcy Law SectionJuly 2013
"Bankruptcy Law Basics for Young Lawyers," co-presenter with Jessica Newman, Forcht Bank, Administrative Law Basics, Kentucky Bar Association Young Lawyers SectionApr. 2012
"Handling the Collection Case: The Creditor's Viewpoint," Collection Law Conference, University of Kentucky Office of Continuing Legal EducationMay 2012
“Collection Law & The Top 10 FDCPA Traps," 30th Annual Conference on Legal Issues for Financial Institutions, University of Kentucky Office of Continuing Legal EducationSept. 2010
"The Impact of Bankruptcy on Collections; Avoiding Ethical Tangles in Collections,” Collection Law from Start to Finish, National Business InstituteMay 2010
"Overview of Bankruptcy Chapters; Creditors’ Rights and Issues in Bankruptcy; A Trustee’s Tools in Bankruptcy,” Judgement Enforcement in Kentucky, Lorman Education ServicesOct. 2008