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LCEN News:

September 2017:  Michael Lamberth of the Firm is now registered with the Georgia Commission on Dispute Resolution as an arbitrator.

July 2017:  Greg Ellis of the Firm is serving as lead counsel for a term lender in the Chapter 11 case of Beaulieu Group, LLC.

June 2017:  The Firm successfully defended a business sued by a trustee for an alleged fraudulent transfer.  Preliminary rulings leading up the entry of the final judgment are published as: Pettie v. Ringo (In re White), 555 B.R. 883 (Bankr. N.D. Ga. 2016); Pettie v. Ringo (In re White), 559 B.R. 787 (Bankr. N.D. Ga. 2016); Pettie v. Ringo (In re White), 2017 Bankr. LEXIS 1642 (Bankr. N.D. Ga. June 15, 2017).  Michael Lamberth served as lead counsel for the defendant.

May 2017:  Michael Lamberth of the Firm is now registered with the Georgia Commission on Dispute Resolution as a neutral in general civil mediation.

November 2016:  The Firm has been retained to represent Baseball Protective, LLC f/k/a EvoShield, LLC in its Chapter 11 case in the Middle District of Georgia.  The company was a developer, marketer, and distributor of protective sports gear and associated branded apparel under the EvoShield name.  Jim Cifelli and Greg Ellis of the Firm are serving as co-lead counsel for the company.

January 2016:  Frank Nason of the Firm is representing defendants in an action filed in the United States District Court in the Northern District of Georgia for claims based on alleged violations of the Perishable Agricultural Commodities Act.  Frank Nason has experience in representing both plaintiffs and defendants in PACA litigation.

October 2015:  Michael Lamberth of the Firm was successful in defending a Chapter 7 trustee against a motion to dismiss a claim against a lender for avoidance based upon Section 544 of the Bankruptcy Code.  Relying upon Ashcroft v. Iqbal, 556 U.S. 662 (2009), Judge Mullins ruled that the complaint on its face contained sufficient factual content so that the Court could draw reasonable inferences that the plaintiff could prevail in the litigation.

October 2015:  The Firm is moving its offices to a new location in order to better serve clients.  The new address for the Firm is 1117 Perimeter Center West, Suite W212, Atlanta, Georgia 30338 and is effective as of November 1, 2015.

August 2015:  The Firm was selected to serve as local counsel for the Committee of Unsecured Creditors in the Chapter 11 case of Southern Regional Health System, Inc. and related debtors.  The debtor is comprised of a group of healthcare providers that serve residents of Clayton County, Georgia and others throughout the region south of Atlanta.  Michael Lamberth and Jim Cifelli of the Firm are serving as lead local counsel.

September 2014:  The Firm was again successful in obtaining summary judgment for defendants in a fraudulent transfer action.  In this action, a Superior Court Judge in Whitfield County, Georgia, granted summary judgment in favor of the defendants.  The Judge concluded that the cause of action was extinguished due to the applicable statute of repose and that the cause of action was not assignable.  Michael Lamberth served as lead counsel for the defendants.

August 2014:  The Firm was successful in obtaining summary judgment in favor of defendants in a fraudulent transfer case in the Superior Court of Bulloch County, Georgia.  One of the grounds for the granting of the summary judgment was that the Georgia fraudulent transfer law contains a statute of repose, not a statute of limitations.  Upon the expiration of the time provided in the applicable statute, the cause of action was extinguished.  Michael Lamberth served as lead counsel for the defendants.

July 2014:  Frank Nason will be a presenter at a seminar conducted by the National Business Institute on December 18, 2014.  Mr. Nason’s topics will be preferences and fraudulent transfers.

May 2014:  The firm is serving as counsel for the debtor in possession in the Chapter 11 case of Restaurant Interiors, Inc.  The case is #14-21300-REB in the United States Bankruptcy Court for the Northern District of Georgia, Gainesville Division.  The company manufactures, fabricates, and occasionally installs materials for the interior construction of restaurants.  Its primary customers are franchised restaurants for businesses such as Burger King, KFC, Popeye’s and Taco Bell.  The company is a “preferred vendor” for such franchises and has institutional knowledge of the specifications and requirements for the construction of such restaurants. Frank Nason is lead counsel in the case.

December 2013:  Jim Cifelli prepared the written materials and participated in a panel discussion on the subject of Rule 2004 examinations and other discovery under the Bankruptcy Code, presented at the annual bankruptcy law seminar conducted by the State Bar of Georgia at the Lake Oconee Ritz Carlton on December 5, 2013.

November 2013:  Stuart F. Clayton and G. Frank Nason are representing Jeffrey K. Kerr, as Chapter 11 trustee in the case of Vaccines on the Go, Inc.  VOTG’s employees and contractors administer vaccines to employer clients’ employees at their employment locations or at sites designated by the employees.   VOTG also administers vaccines to individual clients.  The Trustee is currently seeking a buyer for the business.  The case is pending before Judge Brizendine in the United States Bankruptcy Court for the Northern District of Georgia, Gainesville Division.

November 2013:  G. Frank Nason participated as a presenter for a seminar held November 6, 2013, on Commercial Real Estate sponsored by the Real Property Law Section, State Bar of Georgia, and the Institute of Continuing Legal Education in Georgia.

September 2013:  Stuart F. Clayton is representing the Chapter 7 bankruptcy trustee in the bankruptcy case of Continental Case Company, LLC, a manufacturer of replacement parts, shelves and skin kits for all major brands of OEM refrigerated cases for the supermarket industry.   The Chapter 7 trustee was appointed following the filing of an involuntary petition by four creditors of Debtor.  The case is pending before Judge Hagenau in the United States Bankruptcy Court for the Northern District of Georgia.

May 2013:  The Firm is serving as counsel for the debtors in possession in the Chapter 11 cases Tortilleria El Maizal, Inc., El Maizal of the South, Incorporated, and National Provision Company, jointly administered under case number 13-59899-crm in the United States Bankruptcy Court for the Northern District of Georgia.  Totilleria El Maizal, Inc. manufactures tortilla products and supplies them to restaurants through distribution centers located in Georgia, North Carolina, and Indiana. El Maizal of the South operates a distribution center in Pearl, Mississippi.  National Provision is a merchant wholesaler of fresh meat and meat products. The companies service over 3,000 customers in 23 states.  G. Frank Nason, IV, is serving as lead counsel for the debtors in possession.

March 2013:  Christopher D. Phillips and Michael J. Bargar will make in April a presentation to a group of the Georgia Society of CPAs regarding the elements that must be established to make a prima facie case for recovery of a preferential payment under the Bankruptcy Code, the most common defenses to a preference action, and the role that CPAs can play in defending and prosecuting preference actions.

October 2012:  Frank Nason was a presenter in a video webcast on the general topic of Foreclosure Defense Strategies on October 24, 2012. Mr. Nason discussed the topic of Strategic Bankruptcy.

September 2012:  Judge Paul W. Bonapfel entered an order in the CDC Corporation case confirming a plan jointly submitted by CDC Corporation and the Official Committee of Equity Security Holders for CDC Corporation. James C. Cifelli and Gregory D. Ellis served as lead counsel for the Debtor in Possession.

January 2012:  The Firm is serving as counsel for the debtor in possession in the Chapter 11 case of Fuel Barons, Inc., Case No. 12-51650-mgd in the United States Bankruptcy Court for the Northern District of Georgia. Prior to the filing, Debtor was the seller or distributor of certain pourable fuel gel and ethanol fuel. Gregory D. Ellis is serving as lead counsel.

October 2011:  The Firm is serving as counsel for the debtor in possession in the Chapter 11 case of CDC Corporation. The case is no. 11-79079-pwb in the United States Bankruptcy Court for the Northern District of Georgia. Prior to the petition date, the Debtor was a holding company with many direct and indirect subsidiaries, wholly or majority owned, and was involved in a global operation focused on enterprise software applications and services, IT consulting services, outsourced applications development, IT staffing, online games, and internet portals. James C. Cifelli and Gregory D. Ellis are serving as lead counsel.

September 2011:  J. Michael Lamberth attended the Bankruptcy Rules Advisory Committee meeting in Chicago, Illinois, on September 26-27, 2011. With his attendance at this meeting, Mr. Lamberth concluded his service on the Advisory Committee.

May 2011:  Christopher Phillips participated on May 13, 2011, in the roundtable presentation “21 Ways for a CPA to Get Retained in Bankruptcy Cases and Other Troubled Business Engagements.” PriceWaterhouseCoopers restructuring group was the sponsor of the program.

May 2011:  G. Frank Nason will participate as a presenter in the Southeast Bankruptcy Workshop sponsored by the American Bankruptcy Institute to he held on July 27-30, 2011 at the Sanctuary, Kiawah Island, South Carolina.

April 2011:  J. Michael Lamberth attended the Bankruptcy Rules Advisory Committee meeting in San Francisco, California on April 7-8, 2011.

November 2010:  J. Michael Lamberth and G. Frank Nason each made presentations at the International Council of Shopping Centers Southeast Conference on November 9, 2010. Mr. Lamberth made his presentation on Bankruptcy and Leases: the Rights of the Parties.  Mr. Nason made his presentation on Bankruptcy and the Developer: Current Issues.

October 2010:  Lamberth, Cifelli, Ellis & Nason, P.A. has answered for clients the complaint in a suit for an alleged deficiency on a promissory note brought by a lender after confirmation of a foreclosure sale against two individual borrowers.  The case has been removed to the United States District Court for the Northern District of Georgia and remains pending in that court.

September 2010:  The Firm is serving as counsel for the debtor in possession in the Chapter 11 case of Pretty Products, Inc., Case No. 10-12286 in the United States Bankruptcy Court for the Northern District of Georgia, Newnan Division. The Debtor is a manufacturer of floor mats for vehicles and has its headquarters and manufacturing facility in LaGrange, Georgia. G. Frank Nason of the Firm is serving as lead counsel.

Appointment of Trustee; June 01, 2010: James C. Cifelli was appointed Chapter 7 Trustee in the Daniel J. Miles bankruptcy case (converted from Chapter 11 bankruptcy case) filed in the Northern District of Georgia, Atlanta Division.

April 29th – 30th, 2010:  J. Michael Lamberth attended the Bankruptcy Rules Committee Meeting in New Orleans, Louisiana. Mr. Lamberth was appointed to the Advisory Committee of the Judicial Conference of the United States, Federal Rules of Bankruptcy Procedure by the Chief Justice for consecutive 3 year terms in 2005 and 2008.

Appointment of Trustee; April 20, 2010:  James C. Cifelli was appointed Chapter 11 Trustee in the Daniel J. Miles bankruptcy case, filed in the Northern District of Georgia, Atlanta Division.

March 10, 2010:  Lamberth, Cifelli, Ellis and Nason, P.A., is pleased to announce that J. Michael Lamberth and James C. Cifelli have been selected as 2010 Georgia Super Lawyers®. This is the seventh consecutive year that Mr. Lamberth and Mr. Cifelli have been named to the list of attorneys who, based on peer recognition and professional achievement, are being recognized as part of the top 5% of Georgia attorneys in their field.

Filing date November 20, 2009:  Stuart F. Clayton is representing the Chapter 7 bankruptcy trustee in the bankruptcy cases of Unite Media LLC and Window Media LLC, publishers of weekly papers in the Georgia, Florida, and DC areas. These cases are before Judge Diehl in the United States Bankruptcy Court for the Northern District of Georgia.

Filing date September 28, 2009:  G. Frank Nason filed a Chapter 11 case for Stone Connection, Inc., a distributor of natural stone slabs and tiles for interior design and construction in the southeast. The case is pending the United States Bankruptcy Court for the Northern District of Georgia.

Filing date September 22, 2009:  Gregory D. Ellis is representing Triad at LaGrange I, LLC, and affiliates, in their Chapter 11 bankruptcy cases in the Northern District of Georgia. The businesses operate skilled nursing facilities. The affiliates are:

Triad at Powder Springs I, LLC

Triad at Thomasville I, LLC

Triad at Lumber City I, LLC

Triad at Jeffersonville I, LLC.

Office Location:

Lamberth, Cifelli, Ellis & Nason, P.A.
1117 Perimeter Center West
Suite W212
Atlanta, GA 30338
Phone: 404-262-7373
Fax: 404-262-9911