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
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 successfully 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).
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.
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.
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