Erin Elizabeth Stark

Managing Member

Erin Elizabeth Stark is the founding member of The Stark Firm. She has more than 24 years experience representing national and regional banks in a broad range of lending transactions, distressed loan and bankruptcy related matters. She concentrates her legal practice in commercial finance transactions and creditor’s rights. She represents lenders in a variety of finance transactions, including all types of secured and unsecured loans, SBA transactions, lines of credit, acquisition financing and working capital loans. She also focuses her legal practice on debt financing, secured transactions, SBA lending, SBA creditor’s rights, creditor’s rights, contested matters in bankruptcy, regulatory related matters, work outs and complex restructuring matters, including settlements, foreclosures, note sales and REO disposition.

Erin has been a frequent lecturer on commercial real estate, asset based lending, consumer and commercial lending transactions, SBA, SOP Interpretation, post-judgment recovery, creditors’ rights, bankruptcy issues and related litigation nationally. She has been a speaker at various conferences and seminars on commercial workouts, bankruptcy, loan restructuring, SBA, commercial real estate, Article 9 transactions, commercial litigation 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, Georgia, New York, Florida Pennsylvania and Texas Chapters of International Women in Insolvency and Restructuring Confederation. She 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 Pennsylvania, New York and Texas are pending. 

She is on the Board of Make-a-Wish Georgia and Atlanta Metropolitan State College.

Erin graduated from Southern Methodist University (B.A.) and Cumberland School of Law of Samford University (J.D.).

Relevant Experience:

  • Represent lenders in construction loans involving hotels, shopping centers and other commercial properties, including multifamily properties;
  • Represent lenders in eminent domain matters;
  • 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 lending, SBA loan defaults, litigation plans and SOP interpretation.
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