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Joseph R. Prochaska

Nashville, TN Office

Joseph R. Prochaska is Of Counsel whose practice encompasses bankruptcy and creditors rights, consumer financial services, commercial litigation, and appellate litigation. Joe is an experienced fair housing and creditors right’s attorney. He protects the rights of secured lenders and unsecured creditors, including representing lenders in the reorganization and sale of distressed businesses. Joe established important precedent which have created the framework for the enforcement of the rights of lenders in Tennessee in bankruptcy and receiverships cases involving apartment complexes, hotels and shopping centers. He focuses on finding creative solutions for financially troubled real estate transactions on behalf of lenders, landlords and developers.

Notable Cases

  • In re: Ferry Road Properties, LLC, 2012 WL 3888201 (Bankr. E.D. Tenn. 2012)
  • In re: Lingham Rawlings, LLC, 2010 WL 3490204 (Bankr. E.D. Tenn. 2010);
  • Tidewater Finance Co. v. Kenney, 531 F.3d 312 (4th Cir. 2008);
  • In re Long, 519 F.3d 288 (6th Cir. 2008);
  • In re: Ballard, 526 F.3d 634 (10th Cir. 2008);
  • In re Commissary Operations, Inc., 421 B.R. 873 (Bankr. M.D. Tenn. 2010);
  • In re J.P. Realty, II, Inc., 2003 Bankr. LEXIS 1719 (M.D. Tenn. 2003);
  • In re: AVN Corp., 235 B.R. 417 (Bankr. W.D. Tenn. 1999):
  • In re: Pine Manor Rest Home, 131 F.3d 136 (4th Cir. 1997)

Speaking Engagements/Publications

  • “Avoiding Potential Ethical Traps in Attorney Fee Arrangements,” , November 2, 2019
  • “Bankruptcy Law Update,” , April 7, 2010
  • “Tennessee Real Property Foreclosures: Tips and Traps for Tennessee Attorneys,” October 2, 2009
  • “Foreclosure in Tennessee,” , May 12, 2009
  • “Motions for Relief from Stay,” , April 23-25, 2009
  • “House and Home Together: New Regulations, Legislation and Strategies in the Wake of the Subprime Meltdown,” , April 11, 2008
  • “Representing Secured Creditors in Bankruptcy,” , April 11, 2008
  • “Examination of the Relationship between Article 9 and the Bankruptcy Code,” , December 7, 2007
  • “Secured Creditors Best Practices Workshop,” , June 29, 2006
  • “Advanced Consumer Bankruptcy Issues in Tennessee,” , April 12, 2006
  • “Hottest Issues in Bankruptcy Law,” , April 3, 2006
  • “Overcoming the Challenges of Complex Bankruptcy Cases,” , December 7, 2005
  • “Foreclosures and Repossessions in Tennessee,” , September 28, 2005
  • “Bankruptcy Law and Procedure from Start to Finish,” , March 2, 2005
  • “Foreclosures and Repossessions in Tennessee,” , December 14, 2004
  • “Foreclosures and Repossessions in Tennessee,” Tennessee Real Estate Practice Institute, December 10, 2003
  • “Reaffirmation or Redemption: The Second Circuit Speaks,” American Bankruptcy Institute Journal, November 1997

Major Prior Work Experience

  • Prochaska, Quinn & Ferraro, P.C., Shareholder/Managing Shareholder, Nashville, Tennessee,1991 to 2018;
  • Farris Warfield & Kanaday, Nashville, Tennessee, 1987-1991

Awards, Community Activities and Professional Activities

  • Listed in the 27th Edition of The Best Lawyers In America for work in Commercial Litigation and Real Estate Law, 2020.
  • Listed in Super Lawyers for the Mid-South, 2008 to present.
  • Member, Committee on Chapter 7 of the American Bankruptcy Institute Commission on Consumer Bankruptcy, 2017-2019.
  • Chair, American Bar Association, Business Law Section, Consumer Bankruptcy Committee, 2005-2008
  • Chair, Bankruptcy Disaster Relief Working Group, American Bar Association, Business Law Section, 2005-2007.
  • Chair, Creditors Auxiliary, National Association of Chapter 13 Trustees, 2006-2011.
  • Member, Tennessee Water and Wastewater Financing Board, 2003-2011.
  • McCabe Park Little League, Board Member, Treasurer and Game Scheduler, 2004-2010.
  • Board Member, Tennessee Environmental Council, 2003 to 2019.
  • Boy Scouts of America, Troop Committee and Troop Committee Chair, 2007-2017
  • Tennessee Delegate, Southern Growth Policies Board, 1991-1993.

Education

  • University of Virginia School of Law, J.D. 1987
    • Editor-in-Chief, Virginia Journal of Natural Resources Law
    • Note, Low-Level Radioactive Waste Disposal Compacts, Spring 1986
  • Haverford College, B.A. Economics, 1982

Bar Admission

Tennessee Bar

Hometown

Knoxville, TN