During Jay’s career, he has represented a variety of businesses from Fortune 500 companies, national and regional banks, start-ups, manufacturers, construction and trade companies, to mom and pop businesses. Whatever the case may be, in every case, he starts by identifying the legal issues involved and implements a strategy for resolution, whether it is for negotiation, litigation, or trial. Ultimately, the facts direct any legal strategy, but with his trial and litigation experience, he is able to provide clients with a quick legal roadmap of the dispute which allows them to react immediately and appropriately. Seeing a client safely navigate a legal issue to an efficient resolution is what he enjoys the most. Many clients become lifelong clients, and Jay takes pride in growing with them as their businesses grow and succeed.

Jay’s practice covers a wide spectrum of bankruptcy and creditors’ rights issues, including workouts, fraudulent conveyance actions, alter-ego claims, corporate veil piercing, and post-judgment collections. Jay has helped clients recover hundreds of millions of dollars in assets, securing numerous six-, seven-, and eight-figure judgments and settlements for creditors.

Representative Cases/Transactions

— Kirby’s Spectrum Collision, Inc. v. Government Employees Insurance Company, 744 F.Supp.2d 1220 (S.D. Ala. 2010)(successfully defended national insurance company on claims of tortious interference with business and contractual relationship concerning collision repair company’s allegations of “steering”; summary judgment obtained for defendant based on “stranger” defense to interference claims).

— Smith v. Romar Beach Baptist Church, Inc., Circuit Court of Baldwin County, 2022 WL 117047 (February 23, 2022)(successfully obtained dismissal of lawsuit seeking over $300,000 based on argument that Alabama’s Uniform Commercial Code applies to negotiable instrument, barring the complaint based on the applicable 6-year statute of limitations)

— McElroy v. Sumrall, 2021 WL 1741850 (S.D. AL 2021)(Successfully defeated plaintiff creditor’s motion to enforce judgment by means of charging order arguing that Alabama federal court not a “court of competent jurisdiction” for issuance of a charging order against a Louisiana limited liability company).

— In re Diamond Scaffold Services, LLC – Represented scaffolding company with over $16 mil in debt in Chapter 11 case that resulted in confirmed plan.

— Outside General Counsel for Diamond Scaffold Services, LLC – regularly provides legal advice to scaffolding company ownership on a variety of legal matters.

— Evergreen Transportation, Inc., United States Bankruptcy Court for the Southern District of Alabama, Case No. 09-13525, Ch. 11 (successfully represented “stalking horse” purchaser in $7 million dollar purchase of debtor’s assets).

Publications

— “Employing the Common-Interest Privilege Between a DIP and Unsecured Creditors’ Committee,” ABI Journal ed. June 2024

— Trusts 101, National Business Institute, October 2019.

— How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out) National Business Institute (NBI), presented on November 17, 2016.

— Debtor-Creditor Issues: Mississippi Style, materials presented on August 24, 2016, in Jackson, Mississippi.

— A Compendium of Federal Consumer Credit Protection Statutes for the Financial Services Litigator and In-House Counsel “Chapter Six: Statutes Regulating the Collection of Credit—The Service Members’ Civil Relief Act;” Defense Research Institute (DRI), Commercial Litigation Section, Fall 2015.

— Cumberland Law School – Young Lawyers, Tips for Upcoming Lawyers, ADLA Seminar, (April 2009).

— Medical Records Law, Lorman Seminar, Mobile, Alabama (December 2008).

— Management of Medical Records in Alabama, Lorman Seminar, Mobile, AL (2006)

— Spain & Tillman – The End of Merger, Alabama Defense Lawyers Association Journal (ADLA)(2003).

— Sticking to Your Guns – Firearms as Household Goods under § 522(f), 2000 No. 6 Norton Bankruptcy Law Adviser (June 2000).

Speaking Engagements

— Participant on multiple CLE panels and programs on bankruptcy law subjects.

— Trusts 101, National Business Institute, October 2019.

— Debtor-Creditor Issues: Mississippi Style, materials presented on August 24, 2016, in Jackson, Mississippi.

— How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out) National Business Institute (NBI), presented on November 17, 2016.

— Cumberland Law School – Young Lawyers, Tips for Upcoming Lawyers, ADLA Seminar, (April 2009).