James E. (Jeb) Baile ...

James E. (Jeb)

Bailey III

Overview

As a member and former Practice Group Leader of the firm’s Finance, Real Estate & Restructuring Group, Jeb works with companies and individuals in business reorganizations, litigation, workouts and bankruptcy proceedings.

Experience

  • In re Diabetes America, Inc. (Bankr. S.D. Tex.) Lead counsel to Official Committee of Unsecured Creditors.  Successfully negotiated subordination of over $5 million in claims prior to filing of complaint for avoidance of preferential transfers and breach of fiduciary duty and subordination/recharacterization claims.
  • In re Trailer Source, Inc., 555 F.3d 231 (6th Cir. 2009) Counsel to international manufacturer in involuntary Chapter 7 case against distributor.  Successfully obtained ruling from Sixth Circuit Court of Appeals on issue of derivative standing for creditor to pursue $20 million in fraudulent transfer claims on behalf of Chapter 7 estate.
  • In re Meridian Corporation, (a/k/a Medshares, Inc.) (Bankr. W.D. Tenn.) Counsel for then-3rd largest U.S. home health care provider with over $500 million in annual revenues, 15,000 employees and $3.8 Billion in claims filed.  Represented 128 related corporate debtors in jointly administered Chapter 11 cases and assisted in successfully orchestrating sale of business to strategic buyer in $40 million dollar court approved asset sale. 

Distinctions

  • Fellow, American College of Bankruptcy (Class XXVIII)
  • America’s Top 100 Attorneys®, Lifetime Achievement Selection, 2016
  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated
  • Best Lawyers in America®
    • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2008-2024
    • Lawyer of the Year, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Memphis), 2015, 2019, 2021, 2024
  • Super Lawyers®
    • Mid-South Super Lawyers, Bankruptcy: Business, 2008-2023
  • Lawdragon 500
    • Leading U.S. Bankruptcy and Restructuring Lawyer, 2020, 2022-2023

Bar Admissions

  • Tennessee, 1993
  • Arkansas, 1994
  • Alabama, 1997
  • U.S. District Courts
    • Tennessee: Middle, Western
  • U.S. Court of Appeals
    • 6th Circuit
    • 8th Circuit
    • 11th Circuit
  • U.S. Supreme Court
  • U.S. Bankruptcy Court

Education

  • University of Memphis, J.D., 1993
  • Auburn University, B.A., Political Science, 1990
  • Clerkship, Chief U.S. Bankruptcy Judge David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee
  • Clerkship, Chancellor D.J. Alissandratos, Chancery Court of Tennessee for the 30th Judicial District

Associations

  • Tennessee Bar Association
    • Bankruptcy Section
      • Chair, 2005-2006, 2011-2012
      • Executive Committee, 2002-2018
  • Arkansas Bar Association
  • Alabama Bar Association
  • United States Bankruptcy Court, Western District of Tennessee
    • Local Rules and Forms Revision Committee
      • Chair
  • Memphis Bar Association
    • Bankruptcy Section
      • Director, 2003-2006
  • Mid-South Commercial Law Institute
    • Vice President, 2022-2023
    • Director, 2006-2011
  • Turnaround Management Association (TMA)
    • Member
  • American Bar Association

Papers, Presentations & Publications

  • Panelist, “COVID-19 @ Work: Straight Talk Series – Session V: Bankruptcy in the U.S.,” Employment Law Alliance, Webinar, May 28, 2020.
  • Presenter, "A Primer on Chapter 9 Bankruptcy Issues," 21st Annual Mid-South Conference on Bankruptcy Law, The University of Mississippi Center for Continuing Legal Education, February 6, 2015.
  • Co-Author, "The Involuntary Bankruptcy Process: A Study of the Relevant Statutory and Procedural Provisions and Related Matters," 31 U. Mem. L. Rev. 1, 2000.
  • Co-Author, "Gambling and the Bankruptcy Discharge: A Historical Exegesis and Case Survey," 11 Bkrptcy Dev. J. 49, 1995.
  • Author, "Legislative Procedure in the Bankruptcy System," 24 Mem. St. U.L. Rev. 717, 1994.
  • Editorial Assistance, Model Pattern Jury Instructions (1997) (Administrative Office of the United States Courts).
  • Editorial Assistance, Case Management Manual for United States Bankruptcy Judges (1995) (Administrative Office of the United States Courts and the Federal Judicial Center).
  • Presenter, "Individual Chapter 11 Cases: Desert Sanctuary or Prickly Pear Trap for the Debtor (and Counsel)?" 82nd Annual National Conference of Bankruptcy Judges Annual Meeting, Scottsdale, Arizona – August 2008.
  • Presenter, "Frequent Issues in Real Property Transactions", Chicago Title West Tennessee Agency Training Seminar – October 2009.
  • Presenter, "TOUSA and Clawback Claims", American Bankruptcy Institute Southeast Bankruptcy Workshop, Amelia Island, Florida – July 2010.
  • Presenter, "Bankruptcy for High Net Worth Individuals", Mid-South Financial Planners Association – May 2010.
  • Presenter, "Recent Developments in Chapter 11", Mississippi Bankruptcy Conference – December 2010.
  • Presenter, "First Day Orders, Asset Sales and Absolute Priority Rule in Chapter 11", Mississippi Bankruptcy Conference – December 2010.
  • Presenter, "The Great Debate Resolved:  The Till Rate of Interest is Applicable in Chapter 11 Cases", University of Mississippi Conference on Bankruptcy Law – February 2011.
  • Presenter, "Fraudulent Transfers and Preferences", American Bankruptcy Institute Memphis Consumer Bankruptcy Conference – May 2011.
  • Presenter, "Issues to Avoid in Selling Assets in Bankruptcy – Due Diligence, Attacks on Sale Orders and the Barton Doctrine", United States Trustee Chapter 7 Trustee Training Seminar – August 2011.
  • Presenter, "Bankruptcy for Non-Bankruptcy Lawyers", Federal Bar Association (W.D. Tenn.) Annual Federal Practice Seminar – October 2011.
  • Presenter, "Court Approvals in Bankruptcy – Permission v. Pardon", Memphis Bar Association Annual Bankruptcy Seminar – October 2011.

James E. (Jeb)

Bailey III

Overview

As a member and former Practice Group Leader of the firm’s Finance, Real Estate & Restructuring Group, Jeb works with companies and individuals in business reorganizations, litigation, workouts and bankruptcy proceedings.

Experience

  • In re Diabetes America, Inc. (Bankr. S.D. Tex.) Lead counsel to Official Committee of Unsecured Creditors.  Successfully negotiated subordination of over $5 million in claims prior to filing of complaint for avoidance of preferential transfers and breach of fiduciary duty and subordination/recharacterization claims.
  • In re Trailer Source, Inc., 555 F.3d 231 (6th Cir. 2009) Counsel to international manufacturer in involuntary Chapter 7 case against distributor.  Successfully obtained ruling from Sixth Circuit Court of Appeals on issue of derivative standing for creditor to pursue $20 million in fraudulent transfer claims on behalf of Chapter 7 estate.
  • In re Meridian Corporation, (a/k/a Medshares, Inc.) (Bankr. W.D. Tenn.) Counsel for then-3rd largest U.S. home health care provider with over $500 million in annual revenues, 15,000 employees and $3.8 Billion in claims filed.  Represented 128 related corporate debtors in jointly administered Chapter 11 cases and assisted in successfully orchestrating sale of business to strategic buyer in $40 million dollar court approved asset sale. 

Distinctions

  • Fellow, American College of Bankruptcy (Class XXVIII)
  • America’s Top 100 Attorneys®, Lifetime Achievement Selection, 2016
  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated
  • Best Lawyers in America®
    • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2008-2024
    • Lawyer of the Year, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Memphis), 2015, 2019, 2021, 2024
  • Super Lawyers®
    • Mid-South Super Lawyers, Bankruptcy: Business, 2008-2023
  • Lawdragon 500
    • Leading U.S. Bankruptcy and Restructuring Lawyer, 2020, 2022-2023

Bar Admissions

  • Tennessee, 1993
  • Arkansas, 1994
  • Alabama, 1997
  • U.S. District Courts
    • Tennessee: Middle, Western
  • U.S. Court of Appeals
    • 6th Circuit
    • 8th Circuit
    • 11th Circuit
  • U.S. Supreme Court
  • U.S. Bankruptcy Court

Education

  • University of Memphis, J.D., 1993
  • Auburn University, B.A., Political Science, 1990
  • Clerkship, Chief U.S. Bankruptcy Judge David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee
  • Clerkship, Chancellor D.J. Alissandratos, Chancery Court of Tennessee for the 30th Judicial District

Associations

  • Tennessee Bar Association
    • Bankruptcy Section
      • Chair, 2005-2006, 2011-2012
      • Executive Committee, 2002-2018
  • Arkansas Bar Association
  • Alabama Bar Association
  • United States Bankruptcy Court, Western District of Tennessee
    • Local Rules and Forms Revision Committee
      • Chair
  • Memphis Bar Association
    • Bankruptcy Section
      • Director, 2003-2006
  • Mid-South Commercial Law Institute
    • Vice President, 2022-2023
    • Director, 2006-2011
  • Turnaround Management Association (TMA)
    • Member
  • American Bar Association

Papers, Presentations & Publications

  • Panelist, “COVID-19 @ Work: Straight Talk Series – Session V: Bankruptcy in the U.S.,” Employment Law Alliance, Webinar, May 28, 2020.
  • Presenter, "A Primer on Chapter 9 Bankruptcy Issues," 21st Annual Mid-South Conference on Bankruptcy Law, The University of Mississippi Center for Continuing Legal Education, February 6, 2015.
  • Co-Author, "The Involuntary Bankruptcy Process: A Study of the Relevant Statutory and Procedural Provisions and Related Matters," 31 U. Mem. L. Rev. 1, 2000.
  • Co-Author, "Gambling and the Bankruptcy Discharge: A Historical Exegesis and Case Survey," 11 Bkrptcy Dev. J. 49, 1995.
  • Author, "Legislative Procedure in the Bankruptcy System," 24 Mem. St. U.L. Rev. 717, 1994.
  • Editorial Assistance, Model Pattern Jury Instructions (1997) (Administrative Office of the United States Courts).
  • Editorial Assistance, Case Management Manual for United States Bankruptcy Judges (1995) (Administrative Office of the United States Courts and the Federal Judicial Center).
  • Presenter, "Individual Chapter 11 Cases: Desert Sanctuary or Prickly Pear Trap for the Debtor (and Counsel)?" 82nd Annual National Conference of Bankruptcy Judges Annual Meeting, Scottsdale, Arizona – August 2008.
  • Presenter, "Frequent Issues in Real Property Transactions", Chicago Title West Tennessee Agency Training Seminar – October 2009.
  • Presenter, "TOUSA and Clawback Claims", American Bankruptcy Institute Southeast Bankruptcy Workshop, Amelia Island, Florida – July 2010.
  • Presenter, "Bankruptcy for High Net Worth Individuals", Mid-South Financial Planners Association – May 2010.
  • Presenter, "Recent Developments in Chapter 11", Mississippi Bankruptcy Conference – December 2010.
  • Presenter, "First Day Orders, Asset Sales and Absolute Priority Rule in Chapter 11", Mississippi Bankruptcy Conference – December 2010.
  • Presenter, "The Great Debate Resolved:  The Till Rate of Interest is Applicable in Chapter 11 Cases", University of Mississippi Conference on Bankruptcy Law – February 2011.
  • Presenter, "Fraudulent Transfers and Preferences", American Bankruptcy Institute Memphis Consumer Bankruptcy Conference – May 2011.
  • Presenter, "Issues to Avoid in Selling Assets in Bankruptcy – Due Diligence, Attacks on Sale Orders and the Barton Doctrine", United States Trustee Chapter 7 Trustee Training Seminar – August 2011.
  • Presenter, "Bankruptcy for Non-Bankruptcy Lawyers", Federal Bar Association (W.D. Tenn.) Annual Federal Practice Seminar – October 2011.
  • Presenter, "Court Approvals in Bankruptcy – Permission v. Pardon", Memphis Bar Association Annual Bankruptcy Seminar – October 2011.