John D. Elrod

John D. Elrod

Shareholder

John Elrod focuses his practice on bankruptcy, creditors' rights, and commercial litigation. He regularly represents secured lenders, indenture trustees, creditor committees, estate fiduciaries, and other parties in commercial bankruptcies, out of court restructurings, and litigation. John also has wide-ranging experience in litigation involving complex fraudulent transfers, corporate director and officer fiduciary duty claims, and public finance matters. He has broad experience in federal, state, and bankruptcy courts throughout the United States.  

Concentrations

  • Creditors' rights
  • Bankruptcy
  • Commercial litigation

Capabilities

Experience

  • Represented secured lender in the Chapter 11 bankruptcy of a condominium development project with more than $30 million in secured debt.
  • Represented secured lender in the Chapter 11 bankruptcy of one of the largest Chevrolet dealers in the United States.
 
  • Represented restaurant chain with 100 locations in 25 states in their Chapter 11 bankruptcy cases
  • Represented snack food manufacturer in its Chapter 11 bankruptcy case, resulting in the sale of substantially all of the company’s assets.
  • Represented publicly traded plastics manufacturer in its Chapter 11 bankruptcy case.
  • 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.
 
  • Represented creditors’ committee in the Chapter 11 bankruptcy cases of restaurant chains with 300 locations in 35 states.
  • Represented creditors' committee in the Chapter 11 bankruptcy 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 bankruptcy 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 bankruptcy of a global manufacturing company.
  • Represented creditors' committee in the Chapter 11 bankruptcy of a hospital with $131 million in secured debt.
  • Represented creditors' committee in the Chapter 11 bankruptcy of a chain of eldercare facilities throughout the southeastern United States.
  • Represented creditors' committee in the Chapter 11 bankruptcy of a chain of supermarkets located in Alabama and Florida.
  • Represented creditors' committee in the Chapter 11 bankruptcy of a textile concern.
 
  • 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.
 
  • 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.
 
  • 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.
  • 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.

Recognition & Leadership

  • Listed, Super Lawyers magazine, Georgia Super Lawyers, 2016-2019
    • "Rising Star," 2010-2015
  • Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, "Consumer Services Restructuring of the Year" for the acquisition of Last Call Guarantor by Fun Eats and Drinks, 2017
  • Member, Winning Team, M&A Advisor’s Turnaround Awards, "Sec. 363 Sale of the Year ($25MM to $100MM)” for the Section 363 sale of Last Call Guarantor, LLC, 2017
  • Listed, Georgia Trend magazine, "Legal Elite," 2012-2013 and 2015-2016
  • Listed, Chambers USA Guide, 2013-2014
  • Team Member, a U.S. News - Best Lawyers® "Law Firm of the Year" in Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation – Bankruptcy, 2013
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association
  • Member, Commercial Finance Association
  • Member, Cathedral of Christ the King
  • Member, Leadership Class, Catholic Charities of Atlanta
  • Den Leader, Cub Scout Pack 165

Credentials

Education
  • J.D., Samford University, Cumberland School of Law, 2001
  • B.A., University of the South (Sewanee), 1997
Clerkships
  • Tamara O. Mitchell, U.S. Bankruptcy Court for the Northern District of Alabama, 2001-2002
Admissions
  • Alabama
  • Florida
  • Georgia