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James E. Bailey III: Lawyer with Butler, Snow, O'Mara, Stevens & Cannada, PLLC

James E. Bailey III

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Phone(901) 680-7347

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Bankruptcy and Creditors' Rights
  • Business and Commercial Transactions
  • Business Reorganizations
 
University Auburn University, B.A., Political Science, 1990; Clerkship, Chief U.S. Bankruptcy Judge David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee; Clerkship, Chancellor D.J. Alissandratos, Chancery Court of Tennessee for the 30th Judicial District
 
Law SchoolUniversity of Memphis, J.D., 1993
 
Admitted1993, Tennessee; 1994, Arkansas; 1997, Alabama; U.S. District Courts, Tennessee: Middle and Western Districts, Arkansas: Eastern and Western Districts; U.S. Court of Appeals, 6th Circuit, 8th Circuit, 11th Circuit; U.S. Bankruptcy Court; U.S. Supreme Court
 
Born1968
 
Biography

Distinctions

· AV-rated, Martindale-Hubbell

· The Best Lawyers in America®, Bankruptcy and Creditor-Debtor Rights Law

· Mid-South Super Lawyers®, Bankruptcy and Creditor/Debtor Rights

Associations

· Tennessee Bar Association
- Bankruptcy Section
-- Chair, 2005-06 Chair, 2011-12

· Arkansas Bar Association

· Alabama State Bar

· United States Bankruptcy Court, Western District of Tennessee
- Chair, Local Rules and Forms Revision Committee
- Liaison Committee Co-Chair

· Memphis Bar Association
- Bankruptcy Section
-- Director, 2003-06

· Mid-South Commercial Law Institute
- Director, 2006-11

· Turnaround Management Association (TMA)
- Member

Legal Experience

· In re Diabetes America, Inc. (Bankr. S.D. Tex.) Lead counsel to Official Committee of Unsecured Creditors. Successfully negotiated subordination of over $5 million in claims prior to filing of complaint for avoidance of preferential transfers and breach of fiduciary duty and subordination/recharacterization claims.

· In re Trailer Source, Inc., 555 F.3d 231 (6th Cir. 2009) Counsel to international manufacturer in involuntary chapter 7 case against distributor. Successfully obtained ruling from Sixth Circuit Court of Appeals on issue of derivative standing for creditor to pursue $20 million in fraudulent transfer claims on behalf of chapter 7 estate.

· In re Meridian Corporation, (a/k/a Medshares, Inc.) (Bankr. W.D. Tenn.) Counsel for then-3rd largest U.S. home health care provider with over $500 million in annual revenues, 15,000 employees and $3.8 billion in claims filed. Represented 128 related corporate debtors in jointly-administered chapter 11 cases and assisted in successfully orchestrating sale of business to strategic buyer in $40 million dollar court-approved asset sale.

Papers, Presentations & Publications

· Co-Author, "The Involuntary Bankruptcy Process: A Study of the Relevant Statutory and Procedural Provisions and Related Matters," 31 U. Mem. L. Rev. 1, 2000.

· Co-Author, "Gambling and the Bankruptcy Discharge: A Historical Exegesis and Case Survey," 11 Bkrptcy Dev. J. 49, 1995.

· "Legislative Procedure in the Bankruptcy System," 24 Mem. St. U.L. Rev. 717, 1994.

· Editorial Assistance, Model Pattern Jury Instructions (1997) (Administrative Office of the United States Courts).

· Editorial Assistance, Case Management Manual for United States Bankruptcy Judges (1995) (Administrative Office of the United States Courts and the Federal Judicial Center).

· Presenter, "Individual Chapter 11 Cases: Desert Sanctuary or Prickly Pear Trap for the Debtor (and Counsel)?" 82nd Annual National Conference of Bankruptcy Judges Annual Meeting Scottsdale, Arizona - August 2008.

· Presenter, "Frequent Issues in Real Property Transactions", Chicago Title West Tennessee Agency Training Seminar - October 2009.

· Presenter, "TOUSA and Clawback Claims", American Bankruptcy Institute Southeast Bankruptcy Workshop, Amelia Island, Florida - July 2010.

· Presenter, "Bankruptcy for High Net Worth Individuals", Mid-South Financial Planners Association - May 2010.

· Presenter, "Recent Developments in Chapter 11", Mississippi Bankruptcy Conference - December 2010.

· Presenter, "First Day Orders, Asset Sales and Absolute Priority Rule in Chapter 11", Mississippi Bankruptcy Conference - December 2010.

· Presenter, "The Great Debate Resolved: The Till Rate of Interest is Applicable in Chapter 11 Cases", University of Mississippi Conference on Bankruptcy Law - February 2011.

· Presenter, "Fraudulent Transfers and Preferences", American Bankruptcy Institute Memphis Consumer Bankruptcy Conference - May 2011.

· Presenter, "Issues to Avoid in Selling Assets in Bankruptcy - Due Diligence, Attacks on Sale Orders and the Barton Doctrine", United States Trustee Chapter 7 Trustee Training Seminar - August 2011.

· Presenter, "Bankruptcy for Non-Bankruptcy Lawyers", Federal Bar Association (W.D. Tenn.) Annual Federal Practice Seminar - October 2011.

· Presenter, "Court Approvals in Bankruptcy - Permission v. Pardon", Memphis Bar Association Annual Bankruptcy Seminar - October 2011.

 
ISLN909895776
 


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Office Information

James E. Bailey III
Butler, Snow, O'Mara, Stevens
& Cannada, PLLC

Suite 500, 6075 Poplar Avenue
Memphis, TN 38187-1443




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