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Kevin A. Stine

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Atlanta
T: 404.223.2207
F: 404.238.9607

Kevin Stine represents individuals and businesses of all sizes from proprietorships to Fortune 500s in contract negotiations, commercial litigation and bankruptcy proceedings.

Featured Experience

Obtained full recovery for a mortgage lender in a real estate investor's chapter 11 bankruptcy case, including post-default interest and legal fees.

Secured multiple judgments for a bank lender against commercial borrowers and guarantors and pursued post-judgment collection action to recover monies for client.

Represented a bank lender and successfully prosecuted adversary proceeding against bankruptcy debtor resulting in final judgment of non-dischargeability.

Professional Biography

Overview

Based in the Atlanta office, Mr. Stine has extensive experience in all aspects of trial practice in state and federal courts, bankruptcy cases, adversary proceedings, arbitrations and mediations. Mr. Stine focuses his practice on resolving contract disputes, bankruptcy and insolvency, loan restructuring and workouts, real estate and related financing matters, foreclosures, receiverships and post-judgment collection activities.

Mr. Stine builds long-standing relationships with clients allowing for a more in-depth understanding of their businesses, their day-to-day challenges, and the unique legal issues in their industries. This in turn enables Mr. Stine to provide proactive and cost-effective advice and counsel to clients.

Representative Matters
  • Obtained full recovery for a mortgage lender in a real estate investor's chapter 11 bankruptcy case, including post-default interest and legal fees.
  • Secured multiple judgments for a bank lender against commercial borrowers and guarantors and pursued post-judgment collection action to recover monies for client.

  • Represented a bank lender and successfully prosecuted adversary proceeding against bankruptcy debtor resulting in final judgment of non-dischargeability.
  • Defended a company and successfully opposed an involuntary bankruptcy petition filed by six creditors, resulting in judge's dismissal of case against client.
  • Negotiated favorable consent judgment for secured lender in declaratory judgment action involving validity of security instruments and lien priorities in Georgia real estate.
  • Successfully defended a vendor's breach of contract suit and obtained favorable summary judgment ruling for clients.
  • Obtained the trial court's dismissal of petition challenging judgment creditor's collection action; decision affirmed by Georgia Court of Appeals.

  • Assisted a bank client with several commercial property foreclosures and subsequent REO sales.
  • Represented floor plan financing lenders with repossession, foreclosure, and bankruptcies involving multiple automobile dealerships in Florida and Georgia and obtained substantial judgments against dealer principals.
  • Represented assignee of commercial loan secured by self-storage facility in Georgia in borrower's bankruptcy case, followed by bankruptcy case of the guarantors and post-judgment collection litigation. Our client recovered the full loan balance plus legal fees and expenses.

  • Represented a hedge fund investor in a suit brought by a bankruptcy trustee to "claw back" investment returns of approximately $700,000 based on allegations that the hedge fund had operated as an unlawful Ponzi scheme. We obtained a dismissal of the suit based on improper service, overcoming the trustee's argument that a dismissal would bar the trustee from re-filing suit by virtue of the expiration of the statute of limitations between the original filing and the dismissal.

  • Represented individual lessee of a condominium in litigation against the client's landlord to terminate the lease after the landlord failed to make repairs to the condo before the client's move-in date, after having accepted a security deposit and six months of pre-paid rent totaling over $4,000, and then refusing to refund the money. Initially a default judgment for $15,000 was obtained and then set aside based on a clerical error in the clerk's notice of trial. At the new trial, the judge awarded $15,000 to the client, including legal fees, which the landlord appealed. While the appeal was pending, the parties entered into a settlement agreement, the ex-landlord defaulted, and we assisted our pro bono client with reducing settlement to money judgment and acquiring title to the condo by a sheriff's sale. Our client ended up with ownership of the condo.

  • Successfully defended 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.

  • Represented a Florida real estate developer, securing summary judgment on its behalf in a dispute with a creditor centering around a $3.5 million loan modification agreement. The court's ruling that the creditor was bound by and the developer had complied with the modification agreement resulted in saving the developer approximately $1.5 million and attorney's fees.

  • Chapter 11 bankruptcy debtor and major creditor sued our client, seeking a determination that our client's mortgage lien was invalid under Georgia law. An adverse ruling would have meant our client's claim would have changed from a first-priority lien against the debtor's primary assets to the lowest-priority general unsecured claim. The judge granted our motion for summary judgment, essentially validating the mortgage lien, notwithstanding the fact that no mortgage had ever been recorded.
  • Secured a victory for a bank following a three-day bench trial. After repossessing, marketing, and reselling a tour bus for musicians, the client sued the motor coach company and its principal to collect a deficiency. The court awarded judgment in favor of our client for the entire amount sued upon, plus attorney's fees.

  • Represented a creditor in a guarantor's bankruptcy case involving an equipment financing transaction. Our investigation of the guarantor and cross-examination during the bankruptcy case led to the guarantor settling the creditor's  claim with a stipulated judgment in state court.

  • Successfully represented an automotive company's financing arm in dealer litigation the U.S. District Court for the Northern District of Florida. The client suspended financing and foreclosed security interest under loan agreements with two dealerships in Florida and Georgia. The dealer then filed Chapter 11 bankruptcy to appoint a receiver, and the client obtained the appointment of a trustee, who ultimately sold the dealerships. The dealer subsequently filed a lender liability suit against the client, alleging damages in excess of $30 million. After Baker Donelson proved the plaintiff's damages report was fraudulently exaggerated, the court found in favor of our client.

  • Defended a bank in an adversary proceeding brought by the spouse of a borrower, who argued that the bank's failure to halt a foreclosure sale after the bankruptcy filing violated the bankruptcy stay. Successfully obtained a dismissal.

Professional Honors & Activities
  • Listed as a Super Lawyer by Georgia Super Lawyers in Bankruptcy: Business (2015 – 2019)
  • Selected as one of the top 100 attorneys in Georgia by Georgia Super Lawyers (2016 – 2019)
  • Named a Georgia Rising Star by Georgia Super Lawyers (2012, 2013)
  • Named to Georgia Trend's Legal Elite in the area of Bankruptcy/Creditors' Rights (2009, 2012, 2013)
  • Member – State Bar of Georgia (Creditors' Rights Section)
  • Member – American Bankruptcy Institute
  • Member – Atlanta Bar Association (Litigation and Bankruptcy Sections)
  • Member – American Bar Association (Business Law, Litigation, and Tort Trial and Insurance Practice Sections)
  • Member – Sandy Springs Bar Association
  • Fellow, Atlanta Bar Foundation
  • 2006 TIPS National Trial Academy
Speaking Engagements
  • "Get it in Writing: Five Contracts Too Risky to Live Without," Lorman webinar (January 2019)
  • "The Interplay Between Bankruptcy and Forensic Accounting," Georgia Chapter of the Association of Certified Fraud Examiners (December 2018)
  • "Get it in Writing: Five Contracts Too Risky to Live Without" (August 2014)
  • "Treatment of Taxes in Bankruptcy," National Business Institute CLE seminar (December 2011)
  • "Divorce Settlement Issues in Bankruptcy," National Business Institute CLE seminar (December 2011)

Education

  • Emory University School of Law, J.D., 1998
  • Florida State University, B.S. in Accounting, 1995

Admissions

  • Georgia, 1998
  • North Carolina, 2018
  • All trial and appellate level state courts in Georgia, including Georgia Supreme Court and Georgia Court of Appeals
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern, Southern and Middle Districts of Georgia
  • U.S. District Court for the Northern District of Florida

Firms can add value by providing education and training. Kevin has done this for us and it's extremely valuable. And we hear from Kevin a lot just to check in on us. He does a good job building the relationship.

General Counsel of the financial division at a full-line automaker

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