Profile
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’s industry experience includes insolvency matters in the automotive, health care, financial services, restaurant, and retail sectors. He 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 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Recognition & Leadership
- Listed, The Best Lawyers in America, Litigation - Bankruptcy, 2024
- Listed, Benchmark Litigation, "Litigation Star," 2023-2024
- Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, “Energy Services Restructuring of the Year (Mid-Markets)” for Shale Support Global Holdings, 2021
- Listed, Super Lawyers magazine, Georgia Super Lawyers, 2016-2024
- "Rising Stars," 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, Board of Directors, Atlanta Area Council of the Boy Scouts of America
- Member, American Bankruptcy Institute
- Southeast Advisory Board Member
- Member, Turnaround Management Association
- Member, Education Oversight Committee
- 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
- B.A., University of the South (Sewanee)
Clerkships
- U.S. Bankruptcy Court for the Northern District of Alabama, 2001-2002
Admissions
- Alabama
- Florida
- Georgia
- Tennessee