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Kathleen G. Furr

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Katy Furr represents individuals, businesses and financial institutions of all sizes in a wide variety of bankruptcy, creditors' rights and other business-related litigation in state and federal court.

Featured Video

Bracing for the Next Bankruptcy Wave in the Post-COVID World July 22, 2020

Featured Experience

Successfully defended and obtained a dismissal and subsequent favorable settlement in a Chapter 7 involuntary case on behalf of her client, the alleged Chapter 7 debtor, following a three-day trial.

Successfully secured multiple judgments for lender clients against commercial borrowers and guarantors and pursued post-judgment collections to recover monies for client. 

Successfully argued and obtained summary judgment in favor of all defendants involving a breach of contract claim relating to a food services contract.

Professional Biography

Overview

Based in the Atlanta office, Ms. Furr has represented secured and unsecured creditors in a variety of matters, including Chapter 11, Chapter 7 and Chapter 13 bankruptcy cases, involuntary petitions, section 363 sale issues, cash collateral issues, lien priority and avoidance actions, preference actions, rejection/assumption of executory contracts, stay relief actions, asset recovery and disposition, contested confirmation hearings, adversary proceedings and bankruptcy appeals to district court. Her practice also includes representation of mortgage servicers in bankruptcy-related mortgage litigation.

In addition to her bankruptcy practice, Ms. Furr regularly represents individuals, businesses, and financial institutions with respect to commercial litigation, contract disputes, foreclosures, receiverships and post-judgment collection activities in state and federal courts.

Ms. Furr's prior experience includes serving as a law clerk to Chief Judge Craig Whitley with the United States Bankruptcy Court for the Western District of North Carolina and Judge Wendy Hagenau with the United States Bankruptcy Court for the Northern District of Georgia.

Representative Matters
  • Represented a franchisor's interests in four related bankruptcy cases of franchisees operating stores in Arkansas and South Carolina, a management company, and an individual owner who guaranteed debt to the franchisor. Successfully obtained a court-ordered rejection of various franchise agreements and leases despite objections from the debtors and official committee after a full-day trial. Also assisted the franchisor in retaking possession/operation of several stores while maintaining continuity of day-to-day operations and employment at each store.

  • Successfully defended and obtained a dismissal and subsequent favorable settlement in a Chapter 7 involuntary case on behalf of her client, the alleged Chapter 7 debtor, following a three-day trial.

  • Represented a mortgage servicer in a three-day trial in the United States Bankruptcy Court for the Northern District of Georgia on a Motion to Enforce Chapter 11 Plan. Among other issues, the trial focused on alleged breaches of a confirmed Chapter 11 plan, the legal concept of waiver under Georgia law, the legal concept of apparent authority under federal law, and Georgia law on modifications to written contracts.

  • Successfully secured multiple judgments for lender clients against commercial borrowers and guarantors and pursued post-judgment collections to recover monies for client. 

  • Successfully argued and obtained summary judgment in favor of all defendants involving a breach of contract claim relating to a food services contract.

  • Assisted various financial institution clients with commercial property foreclosures.

  • Represented a financial institution client on multiple occasions as to bankruptcy stay relief orders and successful state court recovery of its collateral.

  • Successfully obtained dismissal of various bankruptcy adversary proceeding complaints against mortgage servicing clients in a variety of bankruptcy contexts.

  • Successfully defended a medical diagnostic company against an involuntary Chapter 7 bankruptcy petition filed by a minority owner and several alleged creditors. Following a three-day trial, the bankruptcy judge granted our motion to dismiss the case, finding that there were not enough eligible creditors to sustain the petition because most of the claims were subject to a "bona fide dispute as to liability or amount" within the meaning of Section 303(b) of the Bankruptcy Code. In so ruling, the judge reserved jurisdiction to hear our motion for attorneys' fees, costs, and damages against the petitioning creditors for future decision, resulting in a favorable settlement for our client.

  • Obtained favorable ruling on Motion for Judgment on the Pleadings in a contract dispute with a property owner and lessor involving a cell phone tower lease. The court adopted our client's interpretation of the applicable lease provisions and entered an order in our client's favor.

  • Obtained dismissal of a lawsuit brought against a large financial institution by a bankruptcy debtor alleging willful violation of a bankruptcy stay.
Professional Honors & Activities
  • Named a "Rising Star" by Georgia Super Lawyers in Bankruptcy: Business (2017, 2018)
  • Nominated as an "Attorney to Watch" in 2018 by Atlanta Attorney at Law Magazine
  • Named as one of Georgia's Outstanding Young Lawyers by Atlanta Magazine (2018)
  • Named as one of Georgia's Legal Elite in Bankruptcy & Creditors' Rights by Georgia Trend Magazine (2013)
  • Recipient – Cobb County Legal Aid Pro Bono Star
  • Member – International Women's Insolvency and Restructuring Confederation
  • Member – The W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court
Civic Honors & Activities
  • Former Big Sister – Big Brothers Big Sisters of Atlanta
Publications
Speaking Engagements
  • Presenter – Clemson University Honors College (April 2020)
  • Panelist – "Debtor ToolBox - How to Effectively Address Mortgage-Servicing Issues," American Bankruptcy Institute's Southeast Conference (July 2019)
  • "The Interplay Between Bankruptcy and Forensic Accounting," Georgia Chapter of the Association of Certified Fraud Examiners (December 2018)
  • "Start-ups: Strategies and Solutions for Female Entrepreneurs (Atlanta)" (August 2015)
  • "Tweet This, Not That: A Guide to Social Media and Legal Ethics," Women's Initiative Committee (December 2014)
  • "Remedial Action in Southeastern States: Georgia," webinar (May 2014)

Education

  • Emory University School of Law, J.D., 2008, with honors
    • Managing Editor, Emory Bankruptcy developments Journal
  • Clemson University, B.S., 2005, magna cum laude

Admissions

  • Georgia, 2008
  • Georgia Supreme Court, 2011
  • Georgia Court of Appeals, 2011
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Northern, Middle, and Southern Districts of Georgia
  • United States Bankruptcy Court for the Northern, Middle, and Southern Districts of Georgia

Featured Media

Baker's Dozen: Best Self-Care Tips
Publication / April 23, 2019
20 Questions with Katy Furr
Publication / April 23, 2019

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