Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and acquisitions, environmental and regulatory compliance, labor and employment, and bankruptcy and tax matters. The Bradley Construction team has extensive industry knowledge and experience that allows us to...
Practice Expertise
- Bankruptcy and Creditors' Rights
- Banking and Financial Services
- Bankruptcy and Insolvency Litigation
Areas of Practice
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Bankruptcy and Insolvency Litigation
- Corporate Restructuring
- Creditors’ Rights
- Distressed Investing
- Distressed Municipal Finance
- Financial Services Litigation
- Financial Services Litigaton
- Financially Distressed Construction
- Healthcare Restructuring
- Receivers, Committees, Trustees, and Other ...
- Retail View More
Profile
James Bailey has experience with both debtor and creditor representation in bankruptcy, out-of-court workouts and restructurings, and bankruptcy-related litigation. He also regularly represents commercial lenders and mortgage servicers in federal court litigation.
James has represented debtors in Chapter 11 bankruptcy, including Walter Energy, Inc. in Alabama and Vanguard Healthcare, LLC in Tennessee. These matters have involved numerous complex issues under the bankruptcy code, including termination of employee and retiree benefits and going concern sales free and clear of claims.
James also has unique Chapter 9 municipal bankruptcy experience as one of the attorneys representing Jefferson County, Alabama. Among other things, he represented Jefferson County in several contested matters and adversary proceedings that involved issues unique to Chapter 9.
James’s creditor bankruptcy practice involves representing commercial lenders in business bankruptcy cases under Chapters 7 and 11 of the Bankruptcy Code and in individual cases of commercial loan obligors under Chapters 7, 11, and 13. This representation has recently involved several mortgage servicing clients in bankruptcy courts. He also represents creditors in substantive bankruptcy litigation, including proceedings that involve preferences, fraudulent transfers, relief from stay, and lien avoidance issues. His bankruptcy litigation experience includes appeals to both district courts and appeals courts.
Outside of bankruptcy, James has transactional experience negotiating and documenting out-of-court workouts. He has experience pursuing pre- and post-judgment creditor remedies, including receivership and receiver sales, non-judicial foreclosures, and garnishments. James also has commercial litigation experience pursuing judgments against defaulting commercial loan obligors.
James is one of the authors of Construction Issues in Bankruptcy published by the American Bankruptcy Institute, and regularly speaks on bankruptcy-related matters.
Bar Admissions
- Alabama, 2010
- Texas, 2018
Court Admissions
- United States Court of Appeals, 11th Circuit
- United States District Court, Northern District of Alabama
- United States District Court, Middle District of Alabama
- United States District Court, Southern District of Alabama
- United States District Court, Northern District of Florida
- United States District Court, Southern District of Texas
Education
- University of Virginia School of Law, J.D., 2010
- University of Florida, B.A., Political Science; B.S., Finance, 2005, cum laude
Areas of Practice
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Bankruptcy and Insolvency Litigation
- Corporate Restructuring
- Creditors’ Rights
- Distressed Investing
- Distressed Municipal Finance
- Financial Services Litigation
- Financial Services Litigaton
- Financially Distressed Construction
- Healthcare Restructuring
- Receivers, Committees, Trustees, and Other Fiduciaries
- Retail
Blogs
Declassified
The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding class certification requirements to proposed or enacted legislation, rules and regulations that impact class action litigation to key industry developments that may indirectly impact class action...
It Pays to Be Covered
Bradley's It Pays to Be Covered Blog discusses insurance law developments and industry trends in property and casualty insurance, including the growing cyber insurance market, coverage for drones, and blockchain exposures. We also address practical risk management strategies of interest to risk managers, legal staff, and corporate officers and directors responsible for property and casualty insurance policy portfolios, claims management, and resolution. Our attorneys provide insights based on...
Patent 213
Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written description and enablement requirements of 35 USC 112 and the subject matter eligibility requirements of 35 USC 101. The Patent 213 blog analyzes key decisions from the district courts and the Federal Circuit,...
The Law of Order
Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as nonprofits, political parties, homeowners associations, unions, churches, trade associations), and leadership of any type of organizational meeting. In an effort to make all things parliamentary more...
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