Kathleen G. Furr

Represented a national equipment finance company in multi-million dollar lawsuits in state and federal court involving claims of, among others, fraud.

Represented a national bank in a multi-million dollar federal lawsuit against obligors and third parties involving claims of fraud and conversion. Successfully obtained a judgment in the bank's favor and pursued obligors through post-judgment collection efforts.

Represented a franchisor's interests in four related bankruptcy cases of franchisees operating stores in Arkansas and South Carolina, a management company, and an individual owner who guaranteed debt to the franchisor. Successfully obtained a court-ordered rejection of various franchise agreements and leases despite objections from the debtors and official committee after a full-day trial. Also assisted the franchisor in retaking possession/operation of several stores while maintaining continuity of day-to-day operations and employment at each store.

Successfully represented national banks and equipment finance companies in state and federal lawsuits seeking recovery from borrowers, guarantors, and third parties on the basis of fraud and related tort claims.

Successfully defended and obtained a dismissal and subsequent favorable settlement in a Chapter 7 involuntary case on behalf of her client, the alleged Chapter 7 debtor, following a three-day trial.

Represented a mortgage servicer in a three-day trial in the United States Bankruptcy Court for the Northern District of Georgia on a Motion to Enforce Chapter 11 Plan. Among other issues, the trial focused on alleged breaches of a confirmed Chapter 11 plan, the legal concept of waiver under Georgia law, the legal concept of apparent authority under federal law, and Georgia law on modifications to written contracts.

Successfully secured multiple judgments for lender clients against commercial borrowers and guarantors and pursued post-judgment collections to recover monies for client. 

Successfully argued and obtained summary judgment in favor of all defendants involving a breach of contract claim relating to a food services contract.

Assisted various financial institution clients with commercial property foreclosures.

Represented a financial institution client on multiple occasions as to bankruptcy stay relief orders and successful state court recovery of its collateral.

Successfully obtained dismissal of various bankruptcy adversary proceeding complaints against mortgage servicing clients in a variety of bankruptcy contexts.

Successfully defended a medical diagnostic company against an involuntary Chapter 7 bankruptcy petition filed by a minority owner and several alleged creditors. Following a three-day trial, the bankruptcy judge granted our motion to dismiss the case, finding that there were not enough eligible creditors to sustain the petition because most of the claims were subject to a "bona fide dispute as to liability or amount" within the meaning of Section 303(b) of the Bankruptcy Code. In so ruling, the judge reserved jurisdiction to hear our motion for attorneys' fees, costs, and damages against the petitioning creditors for future decision, resulting in a favorable settlement for our client.

Obtained favorable ruling on Motion for Judgment on the Pleadings in a contract dispute with a property owner and lessor involving a cell phone tower lease. The court adopted our client's interpretation of the applicable lease provisions and entered an order in our client's favor.

Represented and obtained a judgment in a regional bank's favor on summary judgment following a contested summary judgment hearing. When the judgment debtors/defendants filed an appeal with the Georgia Court of Appeals, Ms. Furr represented the bank on appeal. The Court of Appeals affirmed the judgment in the bank's favor, finding no merit in the appeal.

Prevailed as the plaintiff in a two-day bench trail in the U.S. District Court for the Northern District of Georgia on behalf of our client, a national investment management firm. Based on the evidence and arguments presented at trial, the court awarded our client compensatory damages for claims of breach of contract, fraud, and civil conspiracy, among others. The judge also held two corporate defendants personally liable and awarded punitive damages and attorneys’ fees to our client.

Represented a general contractor in its subcontractor's Chapter 11, Subchapter V bankruptcy case, including successfully negotiating assumption and rejection terms for three subcontracts worth more than $1.5 million.

Obtained dismissal of an adversary complaint filed against a major financial institution alleging violation of a debtor's Chapter 11 bankruptcy plan. Subsequently defended the financial institution against a motion for contempt in the underlying bankruptcy case and reached a successful settlement.

Represented a client in the fast-paced Delaware Chapter 11 bankruptcy case involving a 363 sale. Negotiated assumption and cure terms and resolved business issues involving company customers who were in service agreements with the debtor.

Represented a bank subsidiary in a complex business fraud lawsuit against a vendor involving $3.6 million in loans. Settled the case on favorable terms.

Successfully obtained the rejection of a restaurant lease and successfully secured recovery of the premises on behalf of a commercial landlord after representation of the client through multiple contested evidentiary hearings.

Represented a general contractor in its flooring supplier's Chapter 11 bankruptcy action. Protected the contractor's rights under multiple subcontracts and in the sale of the debtor company under 11 U.S.C. § 363.