Gary W. Marsh
FAX: 404.527.4198
Experience
Gary Marsh focuses on general commercial litigation and bankruptcy, workouts and debtor/creditor law. He represents creditors and debtors in Chapter 11 reorganization proceedings, out of court restructurings and debtor/creditor litigation. He also represents court appointed receivers, examiners and trustees.
Mr. Marsh has extensive experience in representing creditors in and out of bankruptcy court in enforcing their rights and remedies. He also analyzes and defends against preference and fraudulent conveyance actions, represents buyers of assets out of bankruptcy and represents landlords and other parties who have leases or contracts with debtors.
Georgia Trend selected him as one of Georgia's 2005 Legal Elite and Atlanta Magazine named him one of Georgia's Super Lawyers for 2005, 2006, 2008, 2009 and 2010, and a Top 100 Super Lawyer in 2007. Mr. Marsh is a fellow in the American College of Bankruptcy and has been included in The Best Lawyers in America and Chambers USA as one of America's Leading Business Lawyers in Bankruptcy law.
Mr. Marsh is Board Certified in Business Bankruptcy and Creditor's Rights by the American Board of Certification.
Notable Engagements
- Representation of secured creditor owed $12.5 million secured by an apartment complex in single asset real estate bankruptcy case.
- Representation of Chapter 11 and 7 Trustee in liquidation of construction company.
- Representation of secured creditor owed $88 million in Chapter 11 bankruptcy of regional convenience store chain.
Representative Matters
- Representation of secured creditor owed $80 million in Chapter 11 bankruptcy of large shopping center developer.
- Representation of secured creditor owed $40 million in Chapter 11 bankruptcy of hotel operator.
- Representation of large unsecured creditor in four separate Chapter 11 bankruptcies of natural gas marketers.
- Representation of defendant in $5 million preference and fraudulent conveyance action in which we obtained a directed verdict in favor of defendant at trial.
- Representation of bank holding $8 million claim in a Chapter 11 apartment complex case involving issues of hazardous waste and allegations of lender liability.
- Representation of bond trustee with respect to numerous assisted living, independent living and nursing home properties in receivership and foreclosure actions.
- Representation of unsecured creditors with reclamation clams and other issues.
- Representation of landlord and other parties to executory contracts.
Education
- J.D., Emory University School of Law, 1985
- B.A., American University, cum laude, 1982
Admitted
- Georgia
Publications:
- "Ten Commandments for Avoiding Lender Liability," Commercial Lending Review, (March-April 2010).
- "The Pros and Cons of Being a Stalking Horse Bidder for Assets in Bankruptcy," Distressed Real Estate Strategies, co-authored with B. Summer Chandler, (February 2010).
- "When is a 363 Auction Final?," ABI Journal, (October 2009).
- “Taking Advantage of the Weak US Dollar,” Financier Worldwide, International Mergers & Acquisitions, co-authored with Michael Cochran and Ann-Marie McGaughey, (2008).
- "Legal Issues Every Player in the Distressed Market Should Know," Pratt's Journal of Bankruptcy Law, (October/November 2007).
- "The Many Faces of Director's Fiduciary Duties," American Bankruptcy Institute Journal, (2003).
Seminars and Presentations:
- “Buying and Selling Real Estate Loans and Assets,” Law Seminars International, (November 2009).
- “Identifying, Closing and Resolving Distressed Debt from Private Market Sellers,” Preparing for the Thaw Conference, (November 2009).
- "The 363 Sales Process: Current Trends," Fourth Annual Buying Trouble Seminar, (October 2009).
- "Acquisition of the Assets of a Troubled Company," ICLE Negotiated Corporate Acquisitions Seminar, (January 2008).
- “The KERP Phenomenon and the Road Ahead,” State Bar of Georgia Bankruptcy Seminar, (February 2006).
- "Hot Chapter 11 Issues, " Trigild Lender Conference, (October 2008).
- "The Six Most Common Bankruptcy Questions Asked by In-House Counsel," Corporate Counsel Institute, (December 2001).
Professional Activities:
- American College of Bankruptcy Attorneys
- American Bankruptcy Institute
- Director, Southeastern Bankruptcy Law Institute
- Emory University, Lamar Inn of Court
- Director, Emory Bankruptcy Developments Journal