Mike Abelow

Member

p. (615) 742-4532
f. (615) 742-4539

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Biography

Mr. Abelow represents clients in both complex commercial litigation and bankruptcy, including contract claims, business torts, loan restructuring, lender liability, and guaranty disputes.  Litigation issues often arise in a loan restructuring, such as a lender liability counterclaim, or a dispute over the terms of a guaranty, and Mike uses his litigation skills and knowledge of the litigation process to achieve cost-effective resolutions.  Similarly, bankruptcy issues, including the ability to collect a judgment, or a defendant’s solvency, often arise in complex commercial litigation, and Mike is able to marry his expertise in both fields to achieve results for his clients.

Prior to coming to the firm, Mike served as a litigator in the Federal Trade Commission’s Bureau of Consumer Protection in Washington, D.C.  Prior to that, he represented clients in complex commercial litigation, bankruptcy, insurance coverage, and government contract disputes at Heller Ehrman, LLP and Crowell & Moring, LLP in Washington, D.C.

Mike graduated summa cum laude from Washington & Lee University School of Law in 2000, where he was a member of the Law Review.

After graduation, Mike was a law clerk for the Honorable E. A. Van Graafeiland of the United States Court of Appeals for the Second Circuit in New York.

Selected Experience

  • Currently representing borrowers in loan workout negotiations where litigation issues are present (lender liability counterclaim; defense to guaranty claim)
  • Griffith v. Watson, No. 13552 in the Circuit Court for Maury County, Tennessee.  Lead trial counsel for defendant against multi-million dollar breach of fiduciary duty claim
  • Union Leasing v. ABC Bowling Green, LLC, Case No. 3:12-cv-00666 in the United States District Court for the Middle District of Tennessee, and 1st Source Bank v. ABC Bowling Green, No. 12-0525-I in the Chancery court for Davidson County, Tennessee.  Lead defense counsel in related cases alleging a multi-million dollar fraud and conspiracy
  • In re College Book Rental Company, LLC, No. 12-09130 in the United States Bankruptcy Court for the Middle District of Tennessee.  Represented group of textbook publishers that were defrauded by Debtor’s illegal operation for altering textbooks
  • In re Shreibman, No. 3:12-05272 in the United States Bankruptcy Court for the Middle District of Tennessee.  Lead counsel for secured creditor Capstar Bank.  Deposed Plaintiff’s interest rate and feasibility expert and organized defense group’s engagement of interest rate and feasibility expert
  • Smartvue Corporation v. Mistral Software PVT., LTD. et al. No. 3:11-cv-01145 in the United States District Court for the Middle District of Tennessee (defended Indian manufacturer against multi-million dollar breach of contract claim and obtained dismissal for lack of jurisdiction)
  • Williams v. State Volunteer Mutual Insurance Company, No. 4:11-04007 in the United States District Court for the Western District of Arkansas (motion to dismiss bankruptcy trustee’s multi-million dollar claims under professional liability insurance policy granted, with prejudice, and leave to amend denied)
  • In re: Elite Logistics Group, Inc., No. 10-bk-02588 in the United States Bankruptcy Court for the Middle District of Tennessee (on behalf of unsecured creditor, conversion of Chapter 11 case to Chapter 7 granted)
  • In re Kentuckiana Healthcare, LLC, No. 10-34230 in the United States Bankruptcy Court for the Western District of Kentucky (on behalf of unsecured creditor, appointment of Chapter 11 trustee granted)
  • In the Matter of the James Darwin Draper, Sr. Trust, No. 09P258 in the Circuit Court for Davidson County, Tennessee (won trial concerning interpretation of Trust language)
  • Jenkins v. Osborn, No. 08-1480-V in the Chancery Court for Davidson County, Tennessee (obtained summary judgment against multi-million dollar claim for supposed engineering improvements to jointly-owned property)
  • Venezia v. 12th & Division Properties, 685 F.Supp.2d 752 (M.D. Tenn. 2010) (obtained dismissal of rescission claims on an issue of first impression under a federal land use statute)

Professional Activities

  • Chair of the Tennessee Justice Center
  • Member of the Board of Directors of the Mid-South Commercial Law Institute
  • Member of the Executive Committee of the Litigation Section of the Tennessee Bar Association
  • Large Firm Co-Chair of Legal Aid Society 2015 campaign
  • Former Chair of Tennessee Bar Association Bankruptcy Committee
  • Past President of the Nashville Chapter of the American Constitution Society
  • In 2009, received the Tennessee Bar Association’s Harris Gilbert Pro Bono Volunteer of the Year Award for work on the Crabtree case, helping people with disabilities stay in their homes and communities and out of institutions
  • Has taught continuing legal education courses on drafting a commercial law complaint, remedies to obtain control of defendants’ property before a final judgment, and litigation budgeting

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