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Adam M. Back

Member, Lexington

Adam is a Member in Stoll Keenon Ogden’s Lexington office where he serves a wide spectrum of clients through the Bankruptcy & Financial Restructuring, Business Litigation, and Appellate practice groups. He has prominent experience in the energy, retail, agricultural, healthcare, financial services, and mining industries where he has represented creditors, debtors, executives, lenders, and others.

Adam has wide-ranging involvement in corporate restructurings and bankruptcies, including cases that stand as legal firsts. He represented a bank holding company in its Chapter 11 proceeding resulting in a Section 363 sale of bank stock, for which there was no precedent in Kentucky. He was also part of an SKO team that represented a large secured creditor in one of the first Chapter 9 cases in the state, and served as the court-appointed Chapter 11 Trustee in health-care bankruptcy that resulted in a confirmed plan of reorganization. Additionally, Adam advised a variety of creditors in some of the nation’s largest bankruptcy cases over the last several years. He also has substantial bankruptcy litigation experience, including successfully litigating and settling numerous adversary actions, including successfully representing the purchaser of substantially all of a retail debtor’s assets via a Section 363 sale.

In the realm of commercial litigation, Adam has acted as lead counsel in significant business cases in Kentucky state courts and federal courts inside and outside of Kentucky. He also has notable experience in appellate courts, including successfully arguing before the Sixth Circuit Court of Appeals.

For his numerous accomplishments over the course of his career, Adam has earned professional recognitions on a local and national level. He has shared his expertise on creditors’ rights issues in seminars sponsored by the American Bankruptcy Institute, the University of Kentucky, the Kentucky Bar Association, client groups, and other organizations.

Bankruptcy & Financial Restructuring: Adam focuses his practice on bankruptcy matters, non-bankruptcy workouts, creditors’ rights, and distressed transactions.  He has represented major secured lenders, unsecured creditors, vendors, debtors, lessors, and defendants in adversary proceedings in cases before U.S. Bankruptcy Courts in Kentucky, Virginia, Missouri, Ohio, Indiana, Pennsylvania, and Delaware.

Business Litigation: For businesses and professionals throughout Kentucky, Adam counsels clients tactically through every phase of a dispute, from investigations to preliminary negotiations to litigation. His extensive background before includes success in achieving favorable results for a variety of clients.

Appellate: Adam has been the primary author of briefs before state and federal courts in matters involving substantive consolidation in bankruptcy matters, reverse veil piercing, mechanics liens, and other issues.  He has successfully argued before the Sixth Circuit Court of Appeals and the Kentucky Court of Appeals.  Additionally, Adam has consulted on a variety of other appellate matters.

Appellate: Adam has been the primary author of briefs before state and federal courts in matters involving substantive consolidation in bankruptcy matters, reverse veil piercing, mechanics liens, and other issues.  He has successfully argued before the Sixth Circuit Court of Appeals and the Kentucky Court of Appeals.  Additionally, Adam has consulted on a variety of other appellate matters.Keywords: Adam Back

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, 2015, 2018, 2019
  • Leadership Lexington, Class of 2014
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Affiliations

  • American Bar Association
  • Kentucky Bar Association, Bankruptcy Section, 2005-present
  • Fayette County Bar Association
  • American Bankruptcy Institute, 2006-present
  • Fayette County Bar Foundation, Board Member, 2015-present
  • University You, Inc., Board of Directors, 2014-2015
  • Commerce Lexington Leadership Lexington Youth, Steering Committee, 2014-2017
  • 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

Sucessful Defense of Veil-Piercing Claim

Spradlin v. Beads & Steeds Inns, LLC (In re Howland), 2017 WL 24750; 2017 U.S. App. LEXIS 222, 2017 WL 24750 (6th Cir. 2017) – Adam Back sucessfully briefed and argued on behalf of the Appellee before the Sixth Circuit Court of Appeals. The resulting opinion affirmed judgment on the pleadings in favor of his client and an order denying the trustee’s motion to amend her complaint to include a substantive consolidation claim.  Adam argued that reverse veil piercing could not be utilized by a Chapter 7 trustee to permit fraudulent conveyance claims under the Bankruptcy Code and Kentucky law based on a transfer made by an entity wholly owned by the debtors.  He also maintained that the trustee could not rely on substantive consolidation to merge the assets and liabilities of the debtors and their wholly owned, non-debtor entity.  The Sixth Circuit affirmed both bankruptcy court decisions—516 B.R. 163 (Bankr. E.D. Ky. 2014) and 518 B.R. 408 (Bankr. E.D. Ky. 2014)—which were also affirmed by the district court—2016 WL 3176649; 2016 U.S. Dist. LEXIS 74830 (E.D. Ky. 2016).

In re James River Coal Company

Lead Case No. 14-31848, United States Bankruptcy Court for the Eastern District of Virginia – Adam Back advised a member of the unsecured creditors committee and a landlord in one of the largest bankruptcy cases in 2015. Additionally, Adam negotiated a walk-away deal for a client in a $467,000 preference action.

In re Armstrong Energy, Inc.

Lead Case No. 17-47541-659, United States Bankruptcy Court for the Eastern Division of Missouri – Adam Back and Lea Goff represented Debtor’s largest customer concerning complex supply contract assumption and rejection issues in Chapter 11 sale of assets.

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News Publications Seminars

 

     Bankruptcy Law and Related Legal Topics, Kentucky Corn Growers Association, Grower
     Education and Leadership Class, 2017

     Healthcare Restructuring Issues (panel discussion), ABI Midwest Regional Bankruptcy
     Seminar, 2017

Farmers Capital Holding Company, Business Ethics Seminar, co-presenter with Erica Galyon, Farmers Capital Bank Corporation, 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 Section, 2013
Bankruptcy Law Basics for Young Lawyers, co-presenter with Jessica Newman, Forcht Bank, Administrative Law Basics, Kentucky Bar Association Young Lawyers Section, 2012
Handling the Collection Case: The Creditor's Viewpoint, Collection Law Conference, University of Kentucky Office of Continuing Legal Education, 2012
Collection Law & The Top 10 FDCPA Traps, 30th Annual Conference on Legal Issues for Financial Institutions, University of Kentucky Office of Continuing Legal Education, 2010
The Impact of Bankruptcy on Collections; Avoiding Ethical Tangles in Collections, Collection Law from Start to Finish, National Business Institute, 2010
Overview of Bankruptcy Chapters; Creditors’ Rights and Issues in Bankruptcy; A Trustee’s Tools in Bankruptcy, Judgement Enforcement in Kentucky, Lorman Education Services, 2008