In The News

David Anthony will Address Collecting Debts in General Sessions for Tennessee Bar Association

The Tennessee Bar Association will hold a general practice summit next week, and Bone McAllester Norton attorney David M. Anthony is slated as a presenter. David, who practices in the Nashville firm’s commercial lending and creditors’ rights practice, will present “Collecting Debts in General Sessions” on Friday, Aug. 15. The summit will offer education to general practitioners on trending, important topics, like David’s collection session, as well as updates in tax laws, social security disability basics, strategic marketing and eDiscovery issues.

Attendees will receive CLE credit. For more information, click here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Read The Rules. Know The Rules. Start with Tenn. R. Civ. P. 54.02

When I first started practicing law, my mentor was a procedure savant. He knew the Rules of Procedure inside and out. In turn, I eventually learned the Rules.

That's my single biggest piece of advice for any litigation attorney: Know the Rules of Procedure. If you're in state court, read the Tennessee Rules of Civil Procedure. Before you go to court, read that County's Local Rules. The key to success at anything is knowing the rules. Sports. Checkers. The practice of law. A strong, working knowledge of the rules of procedure puts you ahead of 85% of your fellow lawyers.

Recently, while reading a new Tennessee Court of Appeals opinion about final judgments and appeals, I was reminded of a lesson my old boss taught me about Tenn. R. Civ. P. 54.02.

Rule 54.02 applies in cases where are multiple parties and multiple claims for relief, but a party is able to resolve its claims as to part of the litigation. In that circumstance, Rule 54.02 allows the trial court deem the judgment as to that part of the case "final," which means that the party's appeal deadlines start to run and, more importantly, the plaintiff can proceed with collection on the judgment as to that party.

But, you don't get Rule 54.02 relief unless you think to ask for it. Under the Rule, you have to (1) specifically request that the judgment be "final" and (2) use magic language by which the Court makes an "express determination that there is no just reason for delay" and an "express direction for the entry of judgment."

The new case I cite above is interesting, because the Judgment that was appealed included the Rule 54.02 magic language, but the Court of Appeals denied the appeal as premature, because there was still one loose end (the assessment of attorney fees). It's interesting (and re-assuring) to see the appellate court look at substance over form.

Even though Rule 54.02 led this attorney astray, don't forget to include that text in your Judgments. It's most powerful when you have the chance to take a judgment against one liable party early in the case, but one of the other defendants shows up and contests his own liability. In that scenario, while you're litigating the matter against one defendant, you can commence execution and collections on the other, without waiting until getting all the claims resolved.

Sean Kirk Will Discuss Pursuing Deficiency Judgments After a Foreclosure Sale at the Upcoming Tennessee Real Estate Law Conference

Bone McAllester Norton attorney Sean C. Kirk is on the faculty of the sixth annual Tennessee Real Estate Law Conference, presented by Tennessee Attorneys Memo. Sean’s presentation, “Pursuing Deficiency Judgments After a Foreclosure Sale in Light of Greenbank V. Sterling Ventures LLC,” will give background on the prior “grossly inadequate” standard, as well as on the TCA 35-5-118, and then will present facts on the Greenbank decision, including the analysis of the “materially less” standard and how the impact of the court’s decision affects lenders.

The one-day learning and networking CLE event is scheduled for Friday, October 4, 2013 at the Nashville School of Law.

For more information on this event and to register, click here.

 

Bone McAllester Norton PLLC is a full-service law firm with 36 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

 

Creditors’ Rights in Tennessee with David Anthony, Thursday, June 6

Bone McAllester Norton’s David Anthony will lead an audio conference with Business and Legal Resources on Thursday, June 6. The conference, “Creditors’ Rights in Tennessee: 10 Collection Strategies,” will take place from 10 to 11 a.m. and will cover Tennessee law for obtaining assets in a judgment.

The agenda includes:

  • • Pre-lawsuit considerations

  • • Statute of limitation

  • • Jurisdiction and venue selection

  • • Judgment enforcement options

  • • Basic bankruptcy issues

  • • Common roadblocks to collecting money


This webcast will count for one hour of CLE.

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

David Anthony to Lead Creditor Rights 101 Webcast for Tennessee Bar Association

Bone McAllester Norton’s David Anthony will teach a CLE webcast for the Tennessee Bar Association. The course, “Creditor Rights 101: 10 Collection Strategies Every Lawyer Should Know,” will take place from noon to 1 p.m. on Wednesday, April 17, 2013, and will cover essential collection concepts under Tennessee creditor rights laws. The discussion will include:

  • Pre-lawsuit considerations

  • Statute of limitations issues

  • Jurisdiction and venue selection

  • Judgment enforcement options

  • Basic bankruptcy issues

  • Common roadblocks to collecting money


This webcast will count for one hour of CLE. For more and to register, click here.

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.