Attorneys

Education

• Purdue University (B.A.)

• Indiana University School of Law (J.D.)

• Vanderbilt University (MBA)

Publications

• Recognizing Bankruptcy Fraud and Using Experts to Deal With It

• Lender Beware: Your Foreclosure Might be a Preference

• Stern v. Marshall - A Must-Read for Every Bankruptcy Litigator

• Can an Employee Be Fired or a Job Applicant Be Rejected Because of a Bankruptcy Filing? The Anti-Discrimination Provisions of Section 525 of the Bankruptcy Code

• The Inadvertent Receipt of Confidential Information and the Consequent Risk of Disqualification

• Recognizing Bankruptcy Fraud and Using Experts to Deal With It

• Recovering Damages for Emotional Injury - Expert Required?

Griffin Dunham

During Griffin's 21 years as a lawyer, he has represented large and small businesses, business owners and officers, borrowers, guarantors, private equity investment firms, property management companies, risk management companies, commercial landlords, healthcare facilities, medical field companies, farmers, electric companies, construction businesses, and developers.

Griffin handles every aspect of litigation.  The first six years of his practice concentrated on trial and appellate work as a judge advocate in the United States Air Force Judge Advocate General (JAG) Corps.  Although he enjoys the courtroom, he recognizes that many disputes should be resolved without the need for court intervention.  In those situations, he strives to develop a workable resolution that makes the most financial sense.  The cases he has handled have included claims of breach of contract, business interference, fraud and misrepresentation, fraudulent transfers, contract interference, unfair competition, breach of fiduciary duty, conversion, misappropriation, copyright infringement, harassment, and real estate claims related to contract interpretation, quiet title, partition, and easements.

As a workout and bankruptcy lawyer, Griffin represents debtors to reorganize their businesses under Chapter 11 of the Bankruptcy Code.  His focus in these cases is concentrated on de-leveraging the business, increasing and managing cash flow, reducing inefficiencies that are reducing margins, improving the business model, maximizing the value of the equity interests, and ensuring the company's long-term viability.  Griffin also represents creditors in contested matters or adversary proceedings.  Griffin's experience includes all aspects of the bankruptcy process, to include drafting and confirming plans of reorganization (debtor side), objecting to and defeating plans of reorganization (creditor side), prosecuting and defending adversary proceedings, claims litigation, claims trading, stay relief actions, 363 asset sales, preferences and fraudulent transfers, first day motion practice, motions to appoint a trustee, asset valuation, lien avoidance, disclosure statement approval, negotiating plan treatment, DIP and exit financing arrangements, and motions to dismiss and convert cases.

As an appellate lawyer, Griffin handles state and federal appeals. He has filed over 30 appeals and conducted oral arguments in both federal and state courts. This experience includes written and oral argument before the United States Supreme Court, which resulted in a unanimous opinion written by Justice Ruth Bader Ginsburg in favor of Griffin’s client. See Ritzen Group Inc. v. Jackson Masonry, LLC, 139 S.Ct. 2614 (2020).

CLE Presentations

• Common Bankruptcy Questions for the Non-Bankruptcy Lawyer

• Tenant Bankruptcy and Commercial Leases

• Stern v. Marshall: A Must-Read for the Bankruptcy Litigator

• Executory Contracts in Bankruptcy: Navigating the Legal Ambiguities

• Equitable Subordination and Recharacterization: Looming Bankruptcy Litigation Threats

• The Inadvertent Receipt of Confidential Information: Ethical Considerations in Tennessee

• Preference Actions in Bankruptcy: Debtor Counsel's Perspective on Prosecuting & Defending

• Bankruptcy: Judicial Estoppel Issues

• What Every Non-Bankruptcy Lawyer Should Know About Bankruptcy

Ned Hildebrand

Ned Hildebrand is an experienced litigator who specializes in representing businesses and individuals in state, federal, and bankruptcy courts.  Ned has particular experience representing debtors and creditors under all chapters of the Bankruptcy Code. In his practice, Ned has successfully reorganized countless companies under Chapter 11 of the Bankruptcy Code and tried cases with millions of dollars at issue. He has successfully litigated multi-day jury trials. He also has appellate court experience, having litigated before the Sixth Circuit Court of Appeals and the United States Supreme Court. Finally, Ned spends a substantial portion of his practice handling corporate and real estate transactions.

Prior to founding Dunham Hildebrand, PLLC, Ned was an attorney at a large regional law firm specializing in bankruptcy and general business litigation.

Ned’s philosophy is always clients first.  He begins each engagement by identifying the specific needs of the client and tailoring a solution that fits these needs in the most cost-effective manner.  He is always ready for a fight, and when the situation calls for it, he is prepared to zealously advocate for his clients in court.  But Ned also recognizes that not every problem is best solved through protracted litigation.  Ned treats client communication as a top priority, and no matter what approach his clients decide to take, Ned makes sure to keep them informed every step of the way.

Representative Matters

• Successfully confirmed Chapter 11 plans of reorganization for companies across a wide range of industries, including pool suppliers, real estate ownership companies, individual owners of businesses, and construction contractors.

• Successfully defended a large masonry company in a multi-million dollar lawsuit filed by a potential purchaser of an asset, and obtained orders affirming the trial verdict on appeal by the United States District Court for the Middle District of Tennessee, the United States Court of Appeals for the Sixth Circuit, and the United States Supreme Court. See Ritzen Group, Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582, 205 L.Ed.2d 419 (2020).

• Obtained a complete defense verdict following a six-day jury trial on the claims of three plaintiffs for fraud, defamation of title, trespass, and punitive damages.

• Successfully defeated a claim for intentional interference with contract and obtained a judgment for slander of title in a dispute over the sale of a Gulfstream GV aircraft in the first trial to be conducted by video conference in Tennessee.

• Successfully represented small business owners in disputes with current and former business partners.

Education

• Tulane University (B.A.) cum laude

• University of Tennessee College of Law (J.D.) magna cum laude

Bar Admissions

• Kentucky

• Tennessee

Education

• Kentucky Wesleyan College, B.A. '09, summa cum laude

• Vanderbilt University Law School, J.D. '12, Order of the Coif

Alex Payne

Alex is a business lawyer. Since graduating from Vanderbilt University Law School as a member of the Order of the Coif, Alex has represented corporations, LLCs, partnerships and individual business owners, both large and small, at all phases of the business life cycle. Alex’s practice currently focuses on serving as outside general counsel (or “out-of-house” counsel) for startups and real estate businesses. Alex has experience with contract formation; mergers and acquisitions; real property, contract and intellectual property litigation; business workouts; and commercial bankruptcies and reorganizations. in a wide range of industries – including consumer technology, construction, financial services, and health care.

Prior to joining Dunham Hildebrand in 2016, Alex worked for the law firm of h3gm in Nashville as a member of the commercial litigation and bankruptcy practice group.  As a commercial litigator, Alex has helped clients to resolve issues, regardless of complexity, in a straightforward and cost-efficient way. His experience ranges from multi-million dollar intellectual property disputes and intricate title insurance defense cases to representing landlords seeking to evict commercial tenants and business owners looking to enforce non-competition covenants against their employees. Alex also assists businesses and business owners facing difficult times to navigate the workout process, and to utilize the Chapter 11 reorganization process, if necessary.

Alex approaches each client’s unique situation with the goal of diminishing business distractions, minimizing risk, and maximizing efficiencies, whether through settlement or trial, with the ultimate aim of enabling a business to do what it does best – business.

Representative Matters

• Represented founder of Diamond Coach Leasing in sale of company following successful confirmation of Chapter 11 reorganization.

• Outside general counsel to start-up in reproductive health space.

• Outside general counsel to large Nashville-based residential development and commercial restoration companies.

• Confirmed Chapter 11, Subchapter V plans for clients with overwhelmingly positive results shortly following the onset of the COVID-19 pandemic.

• Obtained favorable result for medical technology company in multi-million dollar international arbitration with over 15 claims and counterclaims including breach of contract and IP infringement.

• Successfully defended fraud-based discharge objections on behalf of client in construction industry through the Sixth Circuit Court of Appeals