Jeffery J. Hartley, Helmsing Leach

Jeffery J. Hartley

Member of the Firm

Jeffery has a multi-disciplined practice. He has been actively involved in virtually every type and aspect of bankruptcy, reorganization, workout, corporate divorce, creditor’s rights and insolvency litigation for almost thirty years. His practice regularly includes advising clients in matters of financial restructuring, loan compliance, commercial transactions, workouts and complex business problems. In addition, Jeffery regularly represents public officials, agencies, non-profits and candidates in matters of governance, crisis management, compliance and ethics. For the last twenty-plus years Jeffery has served as a court-appointed mediator in all manner of contested, complex and high-stakes disputes.

Areas of Focus

Although Jeffery’s practice focuses primarily on the southeastern United States, he has handled matters in numerous other state and federal courts, including international matters in Mexico, the United Kingdom, Canada and South Korea. Jeffery has been recognized as a leading practitioner by several directories and publications, attaining the highest rating by Chambers USA, Martindale-Hubbard, Best Lawyers in America, and Super Lawyers. He has been consistently chosen by his peers as one of the top 50 attorneys in Alabama by Super Lawyers and as one of the top bankruptcy attorneys in Alabama by Best Lawyers.

In 2015 and again in 2018, Jeffery was appointed by the Chief Justice of the United States, John G. Roberts, to serve on the influential Judicial Conference’s Advisory Committee on Bankruptcy Rules. This body is charged with the continuous study of the operation and effect of bankruptcy rules and procedure and to make recommendations to maintain consistency and justice.

Jeffery is currently a member of the Alabama State Bar (Past Chairman and Board Member of the Bankruptcy and Commercial Law Section), the Mobile County Bar Association (Past Chairman of the Bankruptcy Section), the Paul W. Brock Inn of Court, the Federal Panel of Neutrals (for the Southern District of Alabama), the Bankruptcy Court Local Rules and Practice Advisory Committee, the American Bar Association, and the American Bankruptcy Institute. He is admitted to practice in all federal and state courts in Alabama, the Eleventh Circuit Court of Appeals, and the United States District Court for the Northern District of Florida.

In 1994, Jeffery was appointed by the Majority Leader of the United States Senate to be a Commissioner on the National Bankruptcy Review Commission. This commission was established to study and evaluate the modern bankruptcy system and to make formal recommendations for legislative reform to the President, the Congress and the United States Supreme Court. Prior to entering private practice, Jeffery was a judicial law clerk to the Honorable Margaret A. Mahoney, Chief United States Bankruptcy Judge, Southern District of Alabama (retired). Mr. Hartley formerly served as a Majority Counsel to the United States Senate Judiciary Committee. His areas of legislative responsibility included bankruptcy, antitrust, intellectual property, and judicial nominations. From 1991-1993, Jeffery was Majority Senate Liaison to the National Commission on Judicial Discipline and Removal. Jeffery was also a longtime campaign and legislative aid to United States Senator Howell T. Heflin.

As a frequent speaker and lecturer on bankruptcy, insolvency matters, and the legislative process, Jeffery has addressed such organizations as the American Bar Association, American Bankruptcy Institute, National Bankruptcy Conference, American Council of Life Insurance, National Conference of Bankruptcy Judges, American Bankers Association, Mortgage Bankers Association of America, Commercial Law League of America, American Land Title Association, and numerous regional, state and local bar associations.

Education

Professional Recognition

Bar & Court Admissions

Professional Affiliations

Alabama State Bar (Chairman and Board Member, Bankruptcy and Commercial Law Section)
American Bar Association
Mobile County Bar Association (Former Chairman, Bankruptcy Law Section)
Northern District of Florida Bankruptcy Bar Association
American Bankruptcy Institute
Federal Panel of Neutrals, Southern District of Alabama
Paul W. Brock Inn of Court
Alabama Law Foundation
American Bar Foundation
University of Alabama School of Law Annual Bankruptcy Law CLE (Long-time Planning Committee Member)

Significant Cases

Represented a closely held energy company with multiple locations in a $100 million out of court restructuring with a three-bank syndicate.
Chapter 13 Trustee’s counsel for almost twenty-five years handling literally thousands of contested matters, confirmation issues, and matters of governance and compliance.
Regular outside counsel for one of the region’s largest banks in both state and federal court proceedings, including banking and loan enforcement.
Represented a nine-bank syndicate in the forbearance, restructure and ultimate sale of the credit to the City of Mobile regarding the GulfQuest Maritime Museum.
Represented the Mobile County District Attorney in funding dispute litigation with the Mobile County Commission which resulted in several favorable court rulings and ultimate funding increase for the District Attorney’s Office.
Represented Chapter 7 Trustee in the litigation and business wind-down of 16 convenience stores and a related closely held propane retailer and supplier.
Chapter 11 Debtor’s counsel in one of the country’s largest and most environmental/sophisticated coal ash landfill enterprises.
Court-appointed Chapter 11 Trustee in a hotly contested and emotional individual case in the Northern District of Alabama, liquidating millions of dollars in real property, claims, and adversary proceedings.
Represented the Mobile County Communications District (the “911 Board”) in a multi-million-dollar contract dispute and re-negotiation with Harris Corporation regarding a new radio system for all of Mobile County. Hartley continues to represent the 911 Board in all matters today.
Defended several mortgage lenders and mortgage services in a series of nationwide class action matters filed as adversary proceedings in various bankruptcy proceedings.
Represented primary investor in a promissory fraud and breach of fiduciary matter against a bottled-water wholesaler and distributor.
Counsel to several non-profit corporations on matters of formation, governance and compliance, as well as real property development and restoration matters.
Regular counsel for the Alabama State Pilotage Commission regarding all matters of governance, compliance, statutory rewrites, litigation and international commerce.
Regular outside counsel to several large regional credit unions in matters related to bankruptcy, loan enforcement, breach of contract litigation, foreclosure and related corporate matters.
Represented secured lender in loan default, franchise dispute and resulting bankruptcy proceeding involving multiple locations of a national breakfast-food restaurant chain.
Lead debtor’s counsel in a Chapter 11 proceeding of a retail clothing chain with locations throughout the southeastern region.
Represented the Alabama State Bar in a matter regarding the previous disbarment of an attorney, a client security fund dispute, restitution, and chapter 7 dischargeability issues.
Represented a large landlord of farmland in a multi-million-dollar chapter 11 proceeding involving a primary tenant, farming practices, crop insurance and a lease dispute.
Represented several physicians in matters related to cash-flow problems, loan defaults and troubled business transactions.
Represented the primary shareholder of a closely held commercial glass company during a loan workout, guaranty dispute and subsequent bankruptcy proceedings.
Represented one of the region’s largest privately owned coal companies in the purchase of substantial coal mining assets of two large bankrupt companies through the 363 sales process.
Regularly advise one of the country’s largest stevedore operators on bankruptcy related matters inside and outside the United States.
Represent a publicly traded provider of healthcare information technology solutions for rural and community hospitals, and post-acute care facilities in matters related to bankruptcy and non-bankruptcy workouts.
Represented two local law firms in a chapter 11 matter involving a failed development in Orange Beach, a series of unpaid mortgages and a subsequent 363 sale of assets to a commercial developer.

Case Category or Practice Area

Significant Cases

Case 1

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Case 2

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Case 3

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Professional Service Activities

The Counselors of Real Estate (CRE) Consulting Corps provides real estate analysis and action plans for municipalities, not-for-profit organizations, government entities, educational institutions, and other nonprofit owners of real property. Casey led the volunteer Consulting Corps team, which was comprised of 5 CREs from various real estate professional disciplines around the country. The team spent a week in Thomasville, Georgia assisting the local municipality and leaders in defining a vision for the decommissioned Southwestern State Hospital, a former institutional mental health care facility. The team conducted interviews of local business and industry representatives, conducted property inspections, performed research, analyzed the market for the property, delivered an oral presentation to the client, and drafted a written report to the client. The report included a strategic plan with actionable steps that were focused on identifying the highest and best use for the property, creating a vision for the property compatible with the city’s other initiatives, recommending marketing strategies to promote the property, and addressing strategies to control, buy and/or finance the carrying costs of the property until the final re-development or adaptive re-use of the property is accomplished. Casey served as the team leader for this project. In addition to the six days and five nights spent in Thomasville working exclusively on this project, Casey spent approximately another 25 hours preparing, drafting, and editing the report. For more information on this project and its challenges, see: https://www.cre.org/cre-consulting-corps-making-difference-thomasvillegeorgia/

Publications

Co-Author, Social Media Development = Real Estate Development, Real Estate Issues, Global Cities in an Era of Change, Counselors of Real Estate, 2017
Co-Author, Alabama Enacts Major Revisions of Alabama Code 8-1-1, Alabama Lawyer, Alabama Bar Association, November 2015
Author, Alabama Chapter to Landowner’s Guide to Pipelines, Pipeline Safety Trust, 2014
Alabama Chapter to Fifty-State Survey: The Law of Eminent Domain, ABA Book Publishing, 2012
Co-Author, How to Depose an Opposing Appraiser (With Deposition Questions), The Practical Real Estate Lawyer, January 2007
Co-Author, Damages to the Remainder – Loss of Parking Spaces in Condemnation Actions, Probate and Property Magazine, May/June 2003