ERIN ELIZABETH STARK
Ms. Stark is the founding member of The Stark Firm, PLLC. Her practice focuses on representing financial institutions, consumer and commercial lenders and other secured and unsecured creditors in workouts and restructurings, commercial real estate transactions, C&I transactions, dealer finance, commercial lending, SBA, SOP Interpretation, complex finance, capital markets, development, acquisitions, sales and disposition of collateral, leasing, corporate structuring and joint ventures, post-judgment recovery and commercial litigation. In addition to workouts, loan restructuring, foreclosures, auctions and personal property liquidations, her experience extends to probate matters involving a deceased principal or guarantor for collection purposes and chapter 7, 11, 12 and 13 bankruptcy matters, including attendance at 341 hearings and other creditor meetings, cash collateral and stay relief proceedings, 2004 Examinations, confirmation litigation, defense of preference actions, adversary proceedings and fraudulent conveyance actions.
She draws from over twenty (20) years of experience in representing lenders in bankruptcy matters, loan-related litigation and post-judgment recovery, as well as structuring, documenting, negotiating, securing and closing all types of commercial and consumer transactions (secured or unsecured), SBA transactions, SOP Interpretation, complex commercial real estate and construction loans, commercial and industrial loans, mezzanine and subordinated loans, distressed assets (both note and OREO properties), asset based lines of credit, floor plan financing, investment property backed financing and letter of credit financing to provide the highest quality of legal service and innovative solutions.
Ms. Stark understands relationships are critical. As such, she has implemented a full-service approach to the real estate needs of her banking clients to help them chart a successful course to achieve their business objectives in a complex regulatory environment by providing the client with a consistent, uniform approach of high quality legal services, constant and effective communication and timely responsiveness. She believes clients must trust their attorneys implicitly, and continually strives to earn that trust and surpass her clients’ expectations every step of the way by maintaining a consistent reputation of quality as a hallmark.
- Represent lenders in construction loans involving hotels, shopping centers and other commercial properties, including multifamily properties;
- Represent lenders in loans involving Article 9 property and the disposition of same, including auctions with proceeds that fully satisfy the debt;
- Represent lender in loans involving market sensitive assets such as churches and successful disposition plan regarding same;
- Extensive experience representing lenders in the origination, sale and participation of mortgage and mezzanine loans;
- Many years of experience representing lenders in the workout of a non-recourse loan secured by several multi-family properties, including the negotiation and consummation of (i) a deed-in-lieu of foreclosure agreement with the obligors; (ii) the acquisition of the properties by a third party purchaser via deed-in-lieu of foreclosure; and (iii) re-financing by the lender for such third party purchaser's acquisition of the shopping mall;
- Represent regional and community banks in the restructuring and workout of defaulted commercial loans;
- Represent lenders in dealer financing and dealings with sales out of trust;
- Represent lenders in floor plan financing loans in default;
- Represent regional and community banks with various construction, acquisition and development loans;
- Represented secured lender in chapter 11 proceeding to recover millions secured by properties located throughout Southeastern United States;
- Represented secured lender through workout proceedings to recover over a $30 million line of credit;
- Extensive experience representing lenders and companies in the acquisition and disposition of real estate assets;
- Extensive experience in loan-related litigation, inclusive of fraudulent conveyance litigation;
- Extensive experience representing lenders in matters involving a deceased principal and/or guarantor;
- Represent lenders in the restructuring and workout of defaulted commercial loans under loss share agreements with the FDIC;
- Experience with representing lenders in the sale and disposition of secured and unsecured assets and related litigation on loans under loss share agreements with the FDIC;
- Represent lenders in seeking a receiver or special master to manage and dispose of secured assets;
- Represent lenders in estate matters involving deceased guarantors;
- Represent lenders in assignment for benefit of creditors proceedings;
- Experience with confirmation proceedings (GA);
- SBA loans; and
- Representation of music artists in the music industry.
Ms. Stark has been a frequent lecturer on commercial real estate, consumer and commercial transactions, SBA, SOP Interpretation, post-judgment recovery, creditors’ rights and bankruptcy issues nationally. She has been a speaker at various conferences and seminars on commercial workouts, bankruptcy, loan restructuring, commercial real estate, Article 9 transactions and other matters.
She is a member of the Mortgage Bankers Association State Legislative and Regulatory Committee, Alabama and Georgia Mortgage Bankers Association Legislative and Regulatory Committee, the American Bar Association, State Bar of Alabama, State Bar of Georgia, the Atlanta Bar Association, the American Bankruptcy Institute, National Association of Women Lawyers and the Alabama and Georgia Chapters of International Women in Insolvency and Restructuring Confederation. Ms. Stark is admitted to practice in all state courts throughout the States of Alabama and Georgia, as well as the U.S. District Court for the Northern, Middle and Southern Districts of Alabama and Georgia. Applications for the State Bar of New York and State Bar of Texas are pending.
Ms. Stark graduated from Southern Methodist University (B.A.) and Cumberland School of Law of Samford University (J.D.).