John D. Elrod

Experience: Secured Lender: Represented Prepetition and DIP Agent in the Chapter 11 of wholesale fuel supplier and convenience store retailer with 855 locations in 28 states.; Represented secured lender and equity sponsor in the Chapter 11 of a large mortgage company with operations in all 50 states.; Represented secured lender in the Chapter 11 of a condominium development project with more than $30 million in secured debt.; Represented secured lender in the Chapter 11 of one of the largest Chevrolet dealers in the United States.; Represented secured lender in the Chapter 11 of a major automotive rental car company.; Represented secured lender and landlord in large receivership of skilled nursing facilities.; Chapter 11 Debtor: Represented publicly-traded biopharmaceutical company in its chapter 11 case, culminating in the sale of the business as a going concern.; Represented restaurant chain with 100 locations in 25 states in their Chapter 11 cases; Represented retailer of luxury goods in its Chapter 11 case.; Represented snack food manufacturer in its Chapter 11 case, resulting in the sale of substantially all of the company's assets.; Represented publicly traded plastics manufacturer in its Chapter 11 case.; Represented frack sand suppliers in their Chapter 11 cases, resulting in debt for equity swap.; Represented receiver appointed by the Securities and Exchange Commission to administer the assets of companies engaged in a fraudulent Ponzi scheme. The representation included filing a Chapter 11 proceeding on behalf of the companies and utilizing bankruptcy avoidance powers to recover assets transferred to insiders and scheme participants.; Creditor Committee: Represented creditors' committee in the Chapter 11 cases of health care sharing ministry. Obtained confirmation of committee's plan of liquidation following complex negotiations with class action plaintiffs.; Represented creditors' committee in the Chapter 11 cases of a regional health system.; Represented creditors' committee in the Chapter 11 cases of the largest skilled nursing facility operator in Texas.; Represented creditors' committee in the Chapter 11 cases of restaurant chains with 300 locations in 35 states.; Represented creditors' committee in the Chapter 11 of several consumer finance companies. Due to problems with management, the committee sought, and obtained, the appointment of a Chapter 11 trustee following a trial.; Represented creditors' committee in the Chapter 11 of a mining company. The representation resulted in the confirmation of a Chapter 11 plan providing for the payment of unsecured creditors in full.; Represented creditors' committee in the Chapter 11 of a global manufacturing company.; Represented creditors' committee in the Chapter 11 of a hospital with $131 million in secured debt.; Represented creditors' committee in the Chapter 11 of a chain of eldercare facilities throughout the southeastern United States.; Represented creditors' committee in the Chapter 11 of a chain of supermarkets located in Alabama and Florida.; Represented creditors' committee in the Chapter 11 of a textile concern.; Indenture Trustees/Bondholders: Represented indenture trustee in chapter 11 cases of proton cancer treatment centers.; Represented indenture trustee in chapter 11 case of recycling facility. Obtained dismissal of case following debtor's unsuccessful attempt to obtain priming insider financing.; Represented indenture trustee in archdiocese's Chapter 11 case involving abuse claimants; first chair in successful litigation and trial to obtain appointment of a separate commercial claimants' creditor committee.; Represented indenture trustee in Chapter 11 case of wood pellet plant.; Represented indenture trustee for bondholders in the bankruptcy of a pharmaceutical company.; Represented indenture trustee and bondholders in the bankruptcy of the developer of a new town.; Numerous representations of indenture trustees in defaulted community development districts.; Asset Purchasers: Represented private equity fund in the acquisition of distributor of firearms and outdoor equipment.; Represented private equity fund in the acquisition of a bitcoin mining company's assets.; Represented private equity fund in the acquisition of business services companies.; Represented food processor in the acquisition of a facility in Chapter 11 cases pending in Delaware.; Represented private equity fund in the purchase of substantially all of the assets of a telecommunications company in a bankruptcy sale.; Represented purchaser of a promissory note in the contested Chapter 11 case of a lessee of oceanfront property in Georgia. Obtained relief from the automatic stay and foreclosed on the lease in the property, resulting in the client obtaining the right to develop a resort on multiple parcels of leased property.; Represented developer of a multiple parcel project in the purchase of real property in a bankruptcy sale. Represented the developer in negotiations with the debtor, the City of Atlanta and the developer's lender in obtaining appropriate financing for the project.; Chapter 7 Trustees: Represented Chapter 7 trustee in the liquidation of a consumer finance company with operations in the southern United States.; Represented Chapter 7 trustee in the liquidation of an international telecommunications company.; Other Bankruptcy: Served as mediator in various litigation matters in the Remington Outdoors chapter 11 case.; Represented Chapter 11 plan administrator in the bankruptcy of long term care facilities with approximately $70 million in secured debt.; Represented investment bank in the Chapter 7 bankruptcy case of a mortgage originator.; Director and Officer Liability Litigation: Prosecuted avoidance claims against an insider of a failed skilled nursing facility chain, achieving a multimillion-dollar settlement after a week-long jury trial.; Defended director and officer of a cryptocurrency company; obtained dismissal of lawsuit after filing motion to dismiss.; Defended directors of a distressed restaurant chain.; Defended directors and officers of a distressed retail chain. Nuisance value settlement after obtaining dismissal of various claims at pleadings phase.; Prosecuted claims against the directors and officers of a failed retail chain; settlement during discovery.; Prosecuted claims against the directors and officers of a failed subprime lender; multimillion-dollar jury award after a 4-week trial.; Prosecuted claims against the directors and officers of a failed hospital; multimillion-dollar settlement without litigation.; Prosecuted claims against the directors and officers of a failed metals recycler; settlement during discovery.; Prosecuted claims against the directors and officers of a failed chain of skilled nursing facilities; settlement during discovery.