David Anthony represents banks, businesses, and individuals in the areas of commercial litigation, creditors’ rights, bankruptcy, and lien litigation. Mr. Anthony routinely appears in state, federal, and bankruptcy courts throughout Tennessee. In addition to his litigation practice, he has significant experience in the review, analysis, and preparation of commercial contracts, including leases, loan documents, and other commercial contracts.
Representative matters David has handled include:
Representation of national and regional banks and creditors in commercial litigation, collections and other related litigation.
Appellate briefs and argument related to novel issues of state and federal law, including representation before the United States Supreme Court.
- Enforcement of bond claims and materialmen’s lien claims on behalf of general contractors, subcontractors, and material suppliers on commercial and residential construction projects throughout Tennessee.
- Representation of lenders in actions related to commercial and consumer foreclosures throughout Tennessee, including loan workout and forbearance agreements, judicial foreclosures and detainer actions.
Analysis of loan transactions and documents to assist creditors or asset purchasers in formulating and execution of corporate or collateral acquisition.
Drafted commercial agreements for sponsorships of nation-wide marketing campaign related to NCAA athletic conference.
- Representation of bankruptcy trustees in fraudulent conveyance and preference avoidance actions. Served as local co-counsel for Liquidating Trustee in a large Middle Tennessee Bankruptcy case involving the prosecution and management of more than 280 preference actions, totaling more than $75 million in dispute.
- Representation of preference defendants in numerous bankruptcy matters.
- General representation of creditors, suppliers, and trustees in all levels of bankruptcy proceedings, including critical vendor and reclamation claims, automatic stay relief motions, discharge and dischargeability actions and litigation regarding confirmation of plans of reorganization.
Professional Recognition and Activities
- Mid-South Super Lawyer, 2017, 2016, 2015, and 2014
- Rising Stars Award, Super Lawyer, 2013
- Attorney for Justice Award Winner, Tennessee Supreme Court., 2016
- Martindale Hubbell AV Preeminent Rating.
- “You are So Nashville If” Overall Winner (Humor), Nashville Scene., 2011
David actively provides pro bono legal services and facilitates the law firm’s volunteer efforts with the Legal Aid Society of Middle Tennessee and the Upper Cumberlands. In October 2016, the Tennessee Supreme Court recognized David’s efforts by awarding him the 2016 Attorney for Justice Pro Bono Service Award.
A Memphian by birth, David provides financial support for the efforts of the University of Memphis’ First Scholars program and is involved in the University of Memphis Alumni Club (Nashville Chapter).
David is a frequent speaker and author on issues of the law for a number of organizations and bar associations. He has served the profession by providing education to the bar and by developing and teaching continuing legal education courses for a variety of audiences.
He maintains and publishes Creditors Rights 101 Blog (www.creditorsrights101.com), as well as the corresponding Twitter feed (@creditorlaw), focusing on commercial law issues.
David is frequently quoted by print and online media for insights on current issues, including the New York Times, Bloomberg Reports, the Tennessean, the Commercial Appeal, and the Nashville Post.
- “Chapter 363”Is Chapter 11 now Chapter 363?, Turnaround Management Association of Tennessee, 2017
- Collection After Death: Common Roadblocks and Strategies in Collection Before, After, and During Probate, 2017 Estate Planning Series, Estate Planning/Probate Section, Memphis Bar. Association, 2017
- Social Media: Advising the Client and Technology and the Evidentiary Role, Family Law Forum 2017, Tennessee Bar Association
- Is Your Potential Client a Nigerian King? New Versions of Old Scams Are Targeting Lawyers, Nashville Bar Journal, February 2016
- Using Websites and Social Media to Promote Your Practice¸ Tennessee Attorneys Memo, 2014, 2015, 2016
- The Value of Selling Claims in Bankruptcy, National Association of Credit Management, 2015
- Collections Against Celebrities and High Income Individuals, Outkick CLE, 2015
- Best Practices in Evaluating New Client Inquiries, Tennessee Bar Association, 2014
- General Sessions Court Practice and Procedure, Tennessee Bar Association, 2014
- Annual Landlord–Tenant Law: With a View from the Bench (Collections, Bankruptcy, Ethics), Sterling Education Services, Inc., 2014, 2011, 2010, 2009
- Creditor Rights 101: 10 Collection Strategies Every Lawyer Should Know, Tennessee Bar Association, 2013
- General Practice Bootcamp 2013: Bankruptcy: Creditors' Perspective, Tennessee Bar Association, 2013
- Liens and Security Interests in Tennessee: Brush up on the Basics, M. Lee Smith Pub. 2012, 2011
- Real Estate Essentials: A Primer on Real Estate Liens, Tennessee Bar Association, 2012, 2010
- Commercial Evictions and Trial Strategy (Collections, Bankruptcy, Ethics), Sterling Education Services, Inc., 2011, 2010
- Keeping Clients Happy and Staying Out of Trouble, Tennessee Bar Association, 2010
- Judgment Enforcement: Techniques, Common Roadblocks, and Advanced Strategies, Law Conference for Tennessee Practitioners, M. Lee Smith Pub., 2011, 2009
- Collection Law from Start to Finish (Trial Practice, Bankruptcy), National Business Institute, 2008
- How to Successfully Collect on Judgments, National Business Institute, 2008
- Fundamentals of Real Estate Law, National Business Institute, 2008
David has a diverse range of range of passions outside the law, including Memphis basketball, zombie preparedness, and karaoke.
As the parent of a student, David is an active father in the Eakin Elementary Parent Teacher Organization and long-standing “Watch D.O.G.S.” volunteer for Eakin Elementary.
- University of Tennessee College of Law, Knoxville, Tennessee
- J.D. Degree, cum laude, August 1999.
- Honors: Matthews-Jeter Academic Scholarship; Dean’s List, High Honors; Who’s Who: American Law
- Students; Extraordinary Achievement Award, Law and Medicine Seminar.
- Activities: 1999 James Baker Hughes Writing Competition of the Houston Journal of International Law;
- Jessup International Law Moot Court Team (Best Respondent’s Brief); Invitational Mock Trial Competition.
- Visiting Student, University of Memphis, 1997-1998 Academic Year.
- University of Memphis, Memphis, Tennessee
- B.A. in English, summa cum laude, May 1996.
- Honors: Academic Excellence Scholarship; Proctor and Associates Scholarship
- All Tennessee Federal Courts
- United States Supreme Court