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About Gary W. Marsh
Gary Marsh focuses on general commercial litigation and bankruptcy, workouts and debtor/creditor law. He represents creditors and debtors in Chapter 11 reorganization proceedings, out of court restructurings and debtor/creditor tigation. He also represents court appointed receivers, examiners and trustees.
Mr. Marsh has extensive experience in representing creditors in and out of bankruptcy court in enforcing their rights and remedies. He also analyzes and defends against preference and fraudulent conveyance actions, represents buyers of assets out of bankruptcy and represents landlords and other parties who have leases or contracts with debtors.
Georgia Trend selected him as one of Georgia's "Legal Elite" and Atlanta Magazine named him one of Georgia's "Super Lawyers," and a "Top 100 Super Lawyer" in 2007. Mr. Marsh is a fellow in the American College of Bankruptcy and has been included in The Best Lawyers in America and Chambers USA as one of America's Leading Business Lawyers in Bankruptcy law.
Mr. Marsh is Board Certified in Business Bankruptcy and Creditor's Rights by the American Board of Certification.
Articles by Gary W. Marsh
3 Special Issues in Healthcare Restructurings
2020 Saw Increased Healthcare Provider Bankruptcies. What Should Companies & Restructuring Professionals Know Moving Forward? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. Congress’ repeated attempts to reform healthcare legislation have long created uncertainties for the healthcare industry. A PwC report predicts that throughout 2021, healthcare will be among retail, oil and gas and hospitality as the sectors most likely to face restructurings. The COVID-19 pandemic has led to increased healthcare bankruptcy activity due to cancellation of elective procedures and imbalances […]
Lender Liability Claims are Alive and Well: A Case Study
Lender Liability Law Protects Distressed Borrowers from Unfair Practices The relationship between a lender and borrower can be complex. The borrower wants capital to run and grow its business, and the lenders want to earn a return and eventually get their principal back. If the borrower complies with the terms of the loan, all is good. If the borrower breaches, then the lender has a number of rights and remedies. Sometimes, however, a lender overreaches. One example of an overreach is when a lender exerts control over the daily activities […]
Opening the Kimono: Operational and Financial Reporting Obligations at the Outset of a Chapter 11 Case
While providing numerous advantages to the companies that choose to invoke it, Chapter 11 also imposes significant and sometimes burdensome public reporting obligations on them – hence the metaphor of the opened kimono. Because of the debtor’s reporting obligations, creditors and other parties with an interest in the Chapter 11 case (such as potential purchasers of assets and claims investors) gain access to a vast amount of financial, operational, and other information that would often not be available outside of bankruptcy. This article describes information about a debtor that typically […]