Gary W. Marsh
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.
- Representation of debtor in connection with plan of reorganization of ethanol company.
- Representation of debtor in connection with plan of reorganization involving high end golf country clubs.
- Representation of secured creditor owed $4.1 billion in Chapter 11 of hotel operator.
- Representation of secured creditor owed $88 million in Chapter 11 bankruptcy of regional convenience store chain.
- Representation of secured creditor owed $80 million in Chapter 11 bankruptcy of large shopping center developer.
- Representation of large unsecured creditor in four separate Chapter 11 bankruptcies of natural gas marketers.
- Representation of Official Committee of Unsecured Creditors in cases involving distribution of plastic pallets and chicken processing.
- Representation of Chapter 11 and 7 Trustees in liquidation of construction company and real estate company.
Buyers, Landlords & Defendants
- 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 landlord and other parties to executory contracts.
- Representation of buyers in Section 363 sales.
- J.D., Emory University School of Law, 1985
- B.A., American University, cum laude, 1982
- 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).