Jeffery W. Cavender

Partner

Atlanta
Business Phone: 404.885.3299
Business Fax: 404.962.6905

jeffery.cavender@troutmansanders.com

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Jeff Cavender represents corporate debtors, indenture trustees, secured lenders and official court-appointed committees and trustees in large Chapter 11 reorganization cases, Chapter 7 liquidation cases and out-of-court restructurings. A substantial portion of Jeff’s practice also includes representation of banks, indenture trustees and commercial and residential mortgage lenders and servicers in all types of financial services related litigation.

Jeff previously served as general counsel for one of the largest privately held mortgage companies in the country and has substantial experience relating to sales, servicing and securitizations of residential mortgage loans.

Representative Matters

Bankruptcy Related Matters

  • Lead counsel for publicly traded exhibition company in its Chapter 11 bankruptcy case currently pending in Jacksonville, Florida.
  • Represent liquidation trustee in connection with Chapter 11 wind down of residential mortgage lender involving claims in excess of $9 billion, with primary responsibility for managing nationwide mortgage-related litigation portfolio.
  • Represented debtor truck hauling company in Chapter 11 case pending in Delaware.
  • Represented mortgage lender in individual Chapter 11 cases in New Jersey, Tennessee and Florida.
  • Lead counsel for indenture trustee holding secured claims against convenience store gas station chain in Chapter 11 case in Erie, Pennsylvania.
  • Lead counsel for indenture trustee holding secured claims against automobile oil change franchisee in Chapter 11 bankruptcy case in Denver, Colorado.
  • Represented Official Committee of Equity Security Holders of a multi-billion dollar sub-prime conduit lender in Chapter 11 bankruptcy case in Wilmington, Delaware.
  • Represented debtor cellophane manufacturer in Chapter 11 Bankruptcy case in the Northern District of Georgia through consummation of liquidating plan of reorganization that encompassed sale of substantially all of the company's assets to a European conglomerate.
  • Represented men’s clothing manufacturer as debtor in Chapter 11 case in the Northern District of Georgia through consummation of a confirmed plan of reorganization. Case required distress termination of defined benefit pension plan and resulted in sale of substantially all of company’s assets. Reported decision: In re Sewell Mfg. Co., 195 B.R. 180 (Bankr. N.D. Ga. 1996)
  • Lead counsel for secured lender in single asset Chapter 11 case in the Northern District of Georgia involving medical office building. Case resulted in a consensual plan of reorganization and foreclosure of lender’s collateral.
  • Represented debtor in single asset Chapter 11 bankruptcy involving high-rise office building in Atlanta, Georgia through consummation of a consensual plan of reorganization.
  • Represented individual debtor in Chapter 11 case involving in excess of $72 million in scheduled assets and in excess of $50 million in scheduled debts, over 30 secured creditor classes, and a substantial real property portfolio consisting of assets in Georgia, Florida and South Carolina.

Financial Services Related Litigation Matters

  • Lead counsel for mortgage lender in obtaining dismissal of claims filed under California Homeowner’s Bill of Rights.
  • Lead counsel for mortgage lender in obtaining $1.3 million judgment against borrower in state court bench trial in Colorado Springs, Colorado.
  • Lead counsel for lender in pursuit of fraud claims against a mortgage broker and related entities resulting from misappropriation of construction loan proceeds in a residential construction project.
  • Successfully defended mortgage company against claims of wrongful foreclosure in state court litigation. Argued and obtained unanimous reversal of trial court judgment from Georgia Supreme Court. Reported decision: Taylor, Bean & Whitaker Mortgage Corp. v. Brown, 276 Ga. 848 (2003)
  • Represented contingent legatees in federal interpleader action involving multi-million dollar estate, including prosecuting successful appeal before the United States Court of Appeals for the Eleventh Circuit. Reported decision: Blanchard v. Deloache-Powers, 286 F.3d 1281 (11th Cir. 2002)
  • Lead counsel for mortgage company against breach of contract and statutory wage claims brought by former employees in federal district court in Pennsylvania.

Presentations and Speaking Engagements

  • 2016 ABI Southeast Panel discussion on How to Fit a Round Peg into a Triangular Hole: Too Much Debt for a 13, Too Much Income for a 7, and/or Too Many Assets for an 11
  • 2016 Atlanta Bar Association moderator for panel discussion on the changing landscape of Garnishment Law in Georgia
  • 2015 ABI Southeast Panel discussion on Hot Topics in Consumer Litigation
  • 2014 Atlanta Bar Association Panel Discussion on the Unauthorized Practice of Law and Multi-jurisdictional Practices
  • 2012 ABA Panel Discussion on "Bad Boy Guarantees Springing or Exploding Guarantees, Clawback Provisions, Waivers of Stay or Access to Bankruptcy and Other Similar Limitations - Are They Enforceable?"
  • 2012 Real Property Law Section Annual Conference, Bankruptcy 101 for Real Estate Practitioners.
  • 2009 Mortgage Bankers Association National Mortgage Servicing Conference and Expo, Panel discussion on Mortgage Litigation: Current Trends and Issues.
  • 2008 CRA & Fair Lending Colloquium, Recent Trends in Mortgage Fraud Schemes and Ways to Prevent Them.

Professional and Community Involvement

  • Atlanta Bar Association, Bankruptcy Section Board of Directors (2006-2007; 2013-present), Vice Chair/Chair Elect (2016/2017) 
  • Advisory Board, American Bankruptcy Institute’s Southeast Bankruptcy Workshop (2015-present)
  • Member, American Bankruptcy Institute and Turnaround Management Association
  • Leadership Cobb Alumni Association, Member (2007-present), Board of Directors (2014-2015), Leadership Cobb Class of 2006
  • Berry College Planned Giving Counsel (2014-present)
  • Georgia Soccer, Appeals Committee Chairman (2012-2016)
  • Wellstar Foundation, Business and Corporate Relations Committee (2007-2008)
  • Due West Elementary School Advisory Council (2007-2008, Chairman, 2008)

Rankings and Recognition

  • AV® Preeminent Ranking by Martindale
  • Named Georgia Trend Magazine’s Legal Elite for Bankruptcy (2012-2013)
  • Recognized in The Best Lawyers in America in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2016-2017).

Professional Experience

  • Partner, Troutman Sanders LLP, 2011-present
  • General Counsel, Taylor, Bean & Whitaker Mortgage Corp., 2006-2011
  • Partner, McKenna Long & Aldridge LLP, 2002-2006
  • Associate, McKenna Long & Aldridge LLP, 1993-2001

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Education

  • University of Georgia, J.D., cum laude, 1993
    Order of the Coif 
  • Berry College, B.A., summa cum laude, 1990

Bar Admissions

  • Georgia

Court Admissions

  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • Supreme Court of Georgia
  • Georgia Court of Appeals