Kevin A. Stine

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

Obtained the trial court's dismissal of petition challenging judgment creditor's collection action; decision affirmed by Georgia Court of Appeals.

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 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.

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.

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.