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Adam M. Back

Work Highlights

Successful 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 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).

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.

In re Adair County Hospital District

Case No. 13-10939, United States Bankruptcy Court for the Western District of Kentucky – Adam Back worked with George Smith and Emily Pagorski in the representation of the largest secured creditor in one of the first Chapter 9 cases filed in Kentucky.

In re Financial Holdings, Inc.

Case No. 15-51187, United States Bankruptcy Court for the Eastern District of Kentucky – Adam Back led a Stoll Keenon Ogden team representing a bank holding company in its Chapter 11 bankruptcy, the first of its kind in Kentucky. The ownership of the bank was successfully sold via a Section 363 sale which allowed the bank to continue operations.

Fed. Ins. Co. et al. v. Woods (In re Woods)

558 B.R. 164 (Bankr. W.D. Ky. 2016) – In a bankruptcy adversary proceeding, Adam Back obtained summary judgment as to liability and nondischargeability under Section 523(a)(6)—the discharge exception for willful and malicious injury to property—due to debtor’s theft from his employer. After entry of summary judgment, the parties agreed to a judgment amount of  $996,200 in favor of Adam’s clients.

In re Toys “R” Us, Inc.

Lead Case No. 17-34665, United States Bankruptcy Court for the Eastern District of Virginia – Represented IT service provider regarding its master service agreement with certain of the debtors and the continuation of critical services post-petition.

J.S. et al. v. Laurel County Board of Education et al

Case No. 6:16-cv-00309, United States District for the Eastern District of Kentucky – Adam Back and Dana Howard represented a  homeless middle-school student who was denied the opportunity to play for his school’s basketball team based solely on a school policy that prohibited students from participating in athletics unless the students’ parents live in the district.  The plaintiff resided with temporary guardians and was deemed “homeless” under the McKinney-Vento Homeless Assistance Act. After several unsuccessful attempts to convince school officials that the policy was in direct conflict with the McKinney-Vento Act, Adam and Dana filed suit in the United States District Court for the Eastern District of Kentucky.  The parties resolved the dispute within a few days, and the plaintiff joined his teammates on the court.  As part of the settlement, the district agreed to change its policy to comply with the McKinney-Vento Act and pay the plaintiff’s attorney fees.  The case was dismissed by agreement.

In re Red River Healthcare, LLC et al.

Lead Case No. 15-51438, United States Bankruptcy Court for the Eastern District of Kentucky – Adam was appointed to serve as the Chapter 11 Trustee for a group of rural healthcare providers facing significant federal, state, and local tax liabilities along with Medicaid reimbursement issues. He successfully oversaw the operation of the clinics while negotiating with key creditors and stakeholders.  Ultimately, he proposed plans of reorganization for each of the five debtors that were approved by the Court.

In re Whitesburg Realty, LLC

Case No. 16-50721, United States Bankruptcy Court for the Eastern District of Kentucky – Adam Back and Jessica Middendorf represented the largest secured creditor ($4.22 million claim) in a Chapter 11 single asset real estate case. Adam first-chaired the plan confirmation hearing.  The court denied confirmation based on the artificial impairment of an unsecured creditor claim held by the debtor’s former law firm, and the bankruptcy case was dismissed.

In re Rosenbaum Feeder Cattle, LLC et al.

Lead Case No. 17-70963, United States Bankruptcy Court for the Western District of Virginia – Adam Back, Lea Goff, and Tim Wiseman represented debtors, 4th-generation family farmers, in a successful Chapter 11 reorganization involving a dispute with a secured lender owed over $5 million in debt.

Southern Indust., LLC v. Maxine, LLC

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.