C. Edward  Dobbs

C. Edward Dobbs

Partner | Atlanta Office
edobbs@phrd.com
T: (404) 420-5529
F: (678) 533-7744
 

Practice Group

Services

Education

  • Davidson College - (A.B., 1971)
  • Vanderbilt University School of Law - (J.D., 1974) Order of the Coif. Articles Editor, Vanderbilt Law Review, 1973-1974

Admitted to Practice

  • Georgia

About Ed

Ed's practice for more than 36 years has been concentrated in documenting and closing commercial loans for banks and other financial institutions, including asset-based lending arrangements; representing financial institutions in debt restructurings, workouts and forbearance arrangements; defending financial institutions in litigation involving alleged fraudulent conveyances, preferences and lender liability claims; representing financial institutions as secured and unsecured creditors in Chapter 11 bankruptcy cases; and representing unsecured creditors, creditors' committees and debtors in Chapter 11 reorganization cases.

Ed has been involved in large Chapter 11 cases in bankruptcy courts throughout the southeast, as well as in Delaware, Louisiana, Michigan, New York, Oklahoma and Texas. In addition to his experience representing both debtors and creditors in bankruptcy cases and in representing financial institutions in large commercial loan transactions, Ed is frequently called upon to represent boards of directors regarding fiduciary duty issues. In addition, Ed is on the panel of neutrals maintained by the American Arbitration Association for complex commercial cases and frequently serves as a mediator in complex commercial disputes, including controversies arising out of or related to corporate bankruptcy cases.


ARBITRATION & MEDIATION EXPERIENCE



Served as arbitrator in numerous complex commercial disputes, including disputes under Articles 2 and 9 of the Uniform Commercial Code, construction litigation disputes, accounting and auditor malpractice cases, intellectual property cases, disputes under partnership agreements, lender liability matters, and various cases involving conversion, fraud and breach of fiduciary duty.


Served as mediator in numerous complex commercial disputes, including (i) commercial litigation arising out of or related to Chapter 11 bankruptcy cases, fraudulent transfer claims, fee disgorgement disputes in administratively insolvent bankruptcy cases, voidable preference claims, and suits against officers and directors for breach of fiduciary duty, and (ii) disputes under commercial leases, lender liability claims, inter-bank disputes, actions under distribution agreements, claims under construction contracts and joint venture agreements, suits on guaranties and disputes between bank and insurer regarding scope and coverage of mortgage credit insurance.

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Professional and Civic Involvement

  • Fellow, American College of Bankruptcy (since 1993)
  • Fellow, American College of Commercial Finance Lawyers (since 1991; President, 1996-1998)
  • Fellow, Lawyers Foundation of Georgia (1983-)
  • Atlanta Chapter of Turnaround Management Association (Board member, 2002-; President 2007 - 2009)
  • American Judicature Society (Member, Board of Directors, 1981-1982)
  • Board of Directors, CFA Education Foundation, Inc.
  • Faculty, Association of Certified Turnaround Professionals
  • Adjunct Professor of Law, Emory University School of Law (1987-1992)
  • Atlanta Bar Association (Member, Corporate Banking and Bankruptcy Sections)
  • Board of Directors, Southeastern Bankruptcy Law Institute, Inc., 1979-2009 (President, 1991-1992, 2005-2006 and Chairman, 1992-1993, 2006-2007)
  • American Arbitration Association, Member of the National Roster of Neutrals (arbitrations and mediations)
  • Alumni Council, Vanderbilt University School of Law (1997-1999)
  • Association of Commercial Finance Attorneys
  • American Bar Association (Member, Young Lawyers Division; Chairman, 1981-1982; Member, House of Delegates, 1982-1984; Creditors' Rights Subcommittee, Chair, 1994-1995; Syndications and Participations Subcommittee, Chair, 1996-1997, Section of Business Law, 1992)
  • Board of Trustees, Davidson College (2009-2011)
  • Board of Visitors, Davidson College, Chairman (2009-2010)
  • Board of Directors, Trees Atlanta, Inc. (2003- ), President (2009- )
  • Board of Trustees, Trinity School (1992-1996)
  • State Bar of Georgia (Chairman, Section of Bankruptcy Law, 1978-1979; Member, Authors' Court, 1980-)
  • Advisory Board, Department of Urology, Emory Medical School (2009- )
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Honors

  • Named as one of the Top 10 "Georgia Super Lawyers" by Law & Politics and Atlanta Magazine (2004)
  • Named as one of Georgia's leading lawyers in Georgia Trend Magazine (2004-present)
  • Named as a "Top 100" Georgia Super Lawyer by Law & Politics Media and Atlanta Magazine (2004-present)
  • Named as one of the world's leading practitioners in the insolvency field in the International Who's Who of Insolvency & Restructuring Lawyers (2006-present)
  • Named as a "highly recommended" Atlanta insolvency lawyer in Practical Law Company's "Cross-Lawyer Handbook -- Restructuring and Insolvency" (2006-present)
  • Named as one of Georgia's leading banking law practitioners in Who's Who Legal: Georgia (2007-present)
  • Listed in Chambers USA Leading American Business Lawyers in both banking and finance and insolvency/recovery (2003-present)
  • Recognized as a leading Banking, Bankruptcy and Creditor-Debtor Rights, Corporate, Equipment Finance and Structured Finance practitioner by The Best Lawyers in America (1984-present; listed annually 25 consecutive years)
  • Recognized for outstanding business and professional achievements by Strathmore's Who's Who 2009/2010
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Representative Engagements

  • Represented Bank of America as agent bank with respect to $350 million credit facility in Chapter 11 case of Kellstrom Industries in Delaware
  • Represented agent and bank group in debtor-in-possession financing in favor of Cone Mills and exit financing for WLR Cone Mills
  • Represented numerous financial institutions in syndicated loan transactions from $100 million to in excess of $1 billion, many of which have involved multi-currency loans to affiliated borrowers in Canada, the United Kingdom, Italy, France, Germany, Denmark and Belgium.
  • Represented agent bank with respect to $120 million credit facility in Chapter 11 bankruptcy case of Plastech Engineered Products, Inc. and affiliates in Detroit, Michigan, and in connection with debtor-in-possession financing for those debtors.
  • Represented debtor in Chapter 11 case of The Colonial BancGroup, Inc., in Montgomery, Alabama
  • Represented debtor in Chapter 11 case of Enstar Group, which resulted in full payment of more than $175,000,000 in debt, together with a distribution to equity security holders and subsequent listing of the reorganized debtor on the New York Stock Exchange
  • Represented Regions Bank as prepetition lender and DIP lender in Chapter 11 case of Bruno's Inc. in Birmingham, Alabama
  • Represented Barclays Bank in Chapter 11 case of Murray Industries (manufacturer of Chris Craft boats) in Tampa, Florida
  • Represented publicly traded debtor in Chapter 11 case of Vesta Insurance Group, Inc., an insurance holding company, and its wholly owned management subsidiary, J. Gordon Gaines, Inc.
  • Represented Currahee and affiliates, owners of resort and golf course development in Chapter 11 cases
  • Represented agent and bank group in $350 million debtor-in-possession financing for WestPoint Stevens.
  • Represented numerous financial institutions in connection with investigation and prosecution of claims arising from fraud perpetrated on the financial institutions by third parties.
  • Represented Standard Chartered Bank and Lloyd's Bank as secured creditors in Chapter 11 bankruptcy case of General Development Corporation in Miami, Florida.
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Publications and Presentations

  • Numerous presentations at seminars on lending and bankruptcy sponsored by bar and banking associations and other CLE providers, including the Atlanta Bar Association, the State Bar of Georgia, Texas Bar, Tennessee Bar, Oklahoma Bar, Florida Bar, West Virginia Bar, the Practicing Law Institute, the Commercial Finance Association and the Turnaround Management Association
  • Panelist on the topic "Keeping Your Cool When Everyone Else is Losing Theirs...and Blaming You!" presented by BDO Consulting (February 2010)
  • Presented "Commercial Law -- Year in Review," Atlanta Bar Association (December 2009) 
  • Co-author, "Georgia Commercial Lending Law" in Commercial Lending Law: A State-by-State Guide (American Bar Association 2009)

  • Presenter: "Workouts and Forbearance Agreements - Due Diligence and Documentation" at the Turnaround Management Association (Atlanta Chapter) series of Interdisciplinary Programs (June 2009)
  • Panel Member: "Negotiating Intercreditor Agreements as Bankruptcy Filings Soar," teleconference by Strafford Publications (June 2008, December 2008 and May 2009)
  • Panel Member: "The Bankruptcy Boom is Here: Are You Prepared for the Exponential Growth of Bankruptcy Mediation and Alternative Dispute Resolution," at the ABI Annual Spring Meeting (April 2009)
  • Panel Member: "In Transit Inventory: Loan Documentation and Practical Considerations" Seminar at the ABA Spring Business Law Section Meeting (April 2009)
  • "Business Bankruptcy Panel Call on the Brave New World of Finance," 23 Emory Bankruptcy Developments Journal, 549 (2007)
  • "Negotiating Points in Second Lien Financing Transactions," 4 DePaul & Commercial Law Journal 189 (2006)
  • Co-author: "Bankruptcy Law Changes Will Affect Business Cases Too: The Bankruptcy Abuse Prevention and Consumer Act of 2005," 11 Georgia Bar Journal 32 (2005).
  • "Negotiating and Documenting a 'Defensive' Debtor-in-Possession Financing," The Review of Banking & Financial Services (October 2003)
  • Co-author: "Bulk Transfers: Protecting the Banks' Security Interest," Commercial Lending Review (1997)
  • "Enforcement of Article 9 Security Interests-Why So Much Deference to the Junior Secured Party?" 28 Loyola of Los Angeles Law Review 131 (1994)
  • Co-author: "Protecting Collateral Assignments of Partnership Interests," 9 Commercial Lending Review 31 (1994)
  • Commitment Letters: Uses and Pitfalls - Co-author: "Commitment Letters: Uses and Pitfalls," - Commercial Lending Review 10 (1993)
  • Labor Act Jeopardizes Liens on Accounts Receivable of Service Companies - Co-author: "Labor Act Jeopardizes Liens on Accounts Receivable of Service Companies," 6 Commercial Lending Review 40 (1991)
  • Taking Warrants in Loan Transactions: Legal Risks and Remedies - "Taking Warrants in Loan Transactions: Legal Risks and Remedies," 3 Commercial Lending Review 67 (1988)
  • New Requirements for Financing Statements and Continuation Statements Filed in Georgia - Co-author: "New Requirements for Financing Statements and Continuation Statements Filed in Georgia," 22 Georgia Bar Journal (August 1985)
  • Debt Subordinations," - "Debt Subordinations," Asset Based Financing, Matthew Bender (1985)
  • Bankruptcy Preference Concerns in Industrial Development Bond Financing - Co-author: "Bankruptcy Preference Concerns in Industrial Development Bond Financing," 84 West Virginia State Law Review 573 (1982)
  • Enforcement of Security Interests in Personal Property - "Enforcement of Security Interests in Personal Property," Harrison Company (1979)
  • Reorganization Under Chapter 11 of the Bankruptcy Code - "Reorganization Under Chapter 11 of the Bankruptcy Code," Harrison Company (1980)
  • Bankruptcy Reform Act of 1978 -- An Overview - "Bankruptcy Reform Act of 1978 -- An Overview," 15 Georgia State Bar Journal (1979)
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