Gary W. Marsh

Gary W. Marsh

Partner - Atlanta
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303 Peachtree Street, NE
Suite 5300
Atlanta, GA 30308
TEL: 404.527.4150
FAX: 404.527.4198
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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 "Legal Elite" and Atlanta Magazine named him one of Georgia's "Super Lawyers," and a "Top 100 Super Lawyer" in 2007 and 2012. 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. And he was recognized in 2013 by the Georgia chapter of the Turnaround Management Association for his outstanding turnaround work.

Mr. Marsh is Board Certified in Business Bankruptcy and Creditor's Rights by the American Board of Certification.

Notable Engagements


Secured Creditor

Unsecured Creditor


Buyers, Landlords & Defendants


Bar Admissions


  • Contributing Author, “Georgia Business Litigation,” (2013).
  • "Lender Strategies for Dealing with Commercial TIC Bankruptcies," (co-authored with David Gordon), American Bankruptcy Institute Journal, (April 2013).
  • "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).
  • "Chapter 11 Interest Rates After Till," The American Bankruptcy Law Journal, (2012).
  • "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).
  • "Processing Credit Card Charges in Chapter 11," The American Bankruptcy Law Journal, (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).