If you want to arbitrate a dispute (instead of litigate in court), you must agree to do so in advance. A party who has not agreed from the outset to arbitrate will not be compelled to arbitrate, [...]

You never know what – or who – lies beneath the surface. Imagine you are engaged in construction, landscaping, or some other improvement to real property, and suddenly you make a grim discovery.  [...]

In my last post, I mentioned that it is becoming standard for unsecured creditors in a Chapter 11 case to go after the debtor’s private equity backers: One issue that I am seeing in my practice [...]

For several years now, the number of private equity-backed bankruptcy filings has been on the rise. A few months ago in November, The Deal reported that, for private equity-backed companies with [...]

In January 2019, the Tennessee Supreme Court issued a landmark decision on interpreting contracts:  Individual Healthcare Specialists, Inc. v. BlueCross BlueShield of Tennessee, Inc., 2019 WL [...]

What happens if the seller of property files for bankruptcy and the bankruptcy trustee tries to undo the transaction?  Is the buyer protected by the buyer’s title insurance policy?  The Tennessee [...]

Tennessee follows the American Rule that a successful litigant normally has to bear its own attorneys fees.  The typical exceptions to the rule are:  (1) if the statute the party is suing under [...]

Assume that Alex and Casey own a house.  If they bought the house during the marriage, they are presumed to own it as “tenants by the entireties.”  Entireties property is not subject to the [...]

In Game 6 of the 1970 NBA Finals, Willis Reed tore his thigh muscle.  No one thought he would play in Game 7.  As usual, people bought tickets and placed bets.  Then, moments before the game [...]

The holy grail of litigation is winning the case and getting the other side to pay your attorneys fees.  When this happens the loser may consider bankruptcy to avoid having to pay the judgment [...]