Neil C. Gordon
Partner

404.873.8596  direct
404.873.8597  fax
neil.gordon@agg.com



Neil C. Gordon has been practicing law exclusively in the area of Bankruptcy, Creditors’ Rights and Workout since 1984. Mr. Gordon’s practice has encompassed representing secured and unsecured creditors, creditors’ committees, trustees, receivers, debtors-in-possession, and serving as the Bankruptcy Trustee in Chapter 7 and Chapter 11 cases. Mr. Gordon is well known nationally as an expert in the field and frequently lectures to bankruptcy judges, lawyers and trustees at seminars all over the country.


Professional Activities
  • Educational Director, American Bankruptcy Institute’s Legislation Committee
  • Contributing Editor, ABI Journal
  • Vice- President, National Association of Bankruptcy Trustees
  • Former Chairman, Atlanta Bar Association’s Bankruptcy Law Section
  • Fellow, American College of Bankruptcy 
  • Selection, “Georgia Super Lawyers,” Creditor’s Rights (one of two lawyers selected) and Bankruptcy Law 
  • National Association of Bankruptcy Trustees
    Treasurer
    Secretary
    Board of Directors
    Editorial Board, Journal of the National Association of Bankruptcy Trustees publication
    Chair, NABT Spring Seminar, Las Vegas, Nevada 
    Chair, NABT Spring Seminar, Atlanta, Georgia 
    Chair, NABT Amicus, Due Process and President’s Circle Committees
    Drafted the language adopted by the NABT amending its Code of Ethics and Standards of Personal Conduct as well as proposed changes to the Chapter 7 Trustee Handbook on conflicts of interest (pending) and co-author of its Chapter 7 Trustee Code of Excellence (pending)
    Helped initiate the NABT coordinated nationwide effort assisting trustees with litigation against the IRS
  • Chairman, Ad Hoc Committee, advising 11th Circuit Chief Judge on selection of two of the last five bankruptcy judges for the N.D. of Georgia
  • Filed first trustee tax return claiming the §121 exclusion (In re St. Francis, 232 B.R. 518 (Bankr. N.D. Ga. 1999)) from sale of a residence
  • Invitee, bi-annual 11th Circuit Judicial Conference, May 1999.
  • Member, successful national team in Supreme Court Case, Citizens Bank of Maryland vs. Strumpf, 516 U.S. 16 (1995) (“Bankers Dilemma” case)
  • Chapter 11 Trustee, Plaza Mortgage and Finance Co. (large Ponzi scheme case) resulting in criminal fraud convictions and landmark pro-trustee decisions, including on deepening insolvency (see, e.g., 187 B.R. 37 (Bankr. N.D. Ga. 1995)
  • Trustee, M2Direct, Inc., et al., large multi-million dollar estate of five related companies, resulting in landmark pro-trustee decisions on insider preferences (see, e.g., 282 B.R. 60 (Bankr. N.D. Ga. 2002)
  • Member, The American Bankruptcy Institute
  • Member, The US Panel of Trustees
  • Member, The Lawyers Club of Atlanta
  • Law Clerk, Hon. Robert L. Vining, Jr. U.S. District Court Judge, N.D. of Ga., 1979-1981
Education
  • J.D., University of Georgia, 1979
  • B.S., B.A., University of Florida, 1976  
Admitted to Practice
  • State of Georgia, 1979
  • United States Supreme Court
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Northern District of Georgia
  • United States District Court, Middle District of Georgia
Additional Information
Publications
  • Author, "An Overview of Mortgage and Finance Fraud for Trustees," Mortgage And Finance Fraud Litigation Strategies. 2010 
  • Author, “Federal Crimes: The Trustee’s Role,” American Bankruptcy Institute Journal, Vol. XXVIII, No. 10, December 2009 / January 2010.
  • Author, “The Art of the Carve-Out,” Journal of The National Association of Bankruptcy Trustees, Quarterly Publications of National Association of Bankruptcy Trustees (NABT), Vol. 25, No. 1, Spring 2009.
  • Co-Author, “Recent Cases,” Journal of The National Association of Bankruptcy Trustees, Quarterly Publication of National Association of Bankruptcy Trustees (NABT), quarterly 2003-present.
  • Author, “New Tax Laws Affecting Home Sales Give Chapter 7 Trustees Long-overdue Relief,” Bankruptcy Court Decisions, Vol. 32, No. 20, July 28, 1998.
  • Author, “Maximizing Returns for Estate Creditors by Minimizing Taxes,” Journal of The National Association of Bankruptcy Trustees, Vol. 16, No. 3, Fall 2000.
Seminar Presentations
  • Individual Business Bankruptcy Cases. Metro Atlanta Consumer Bankruptcy Attorneys Group, Atlanta, Georgia, May 21, 2010.
  • Professionalism Issues. Atlanta Bar Association Bankruptcy Law Section seminar, Atlanta, Georgia, May 6, 2010.
  • Recurring Issues Among Consumer Lawyers and Trustees and How to Avoid Them. Annual Conference of the American Bankruptcy Institute, Washington D.C., April 29 – May 1, 2010.
  • Coping with BAPCPA's New Burdens on Chapter 7 Trustees in Business Cases. Annual Conference of the American Bankruptcy Institute, Washington D.C., April 29 – May 1, 2010.
  • The Nouveau Pauvre, or Who Used to Be a Millionaire? (Finding Assets in Those Mid and Large Size Cases in Which the Debtors Used to Be 'High-end' Debtors). Spring Seminar of the National Association of Bankruptcy Trustees, Savannah, Georgia, April 9, 2010.
  • Case Law Update. U.S. Region 21 Trustee Seminar (for trustees in Georgia, Florida, Puerto Rico and the U.S. Virgin Islands), Atlanta, Georgia, January 21, 2010.
  • Trends and Threads in Business Cases: Case Law Update from the Front. National CLE Conference, Vail, Colorado, January 6, 2010.
  • Pre-bankruptcy Asset Protection and Planning: How Far Can the Line Be Pushed Before the Trustee Reacts. National CLE Conference, Vail, Colorado, January 7, 2010.
  • Making Sense of the Tide in Consumer Case/Issue Development: Case Law Review of Recent Consumer Bankruptcy Decisions. National CLE Conference, Vail, Colorado, January 8, 2010.
  • Hot Topics in Chapter 7. ICLE Bankruptcy seminar, Chateau Elan, Braselton, Georgia, November 12, 2009. 
  • The Art of the Carve-Out. National Association of Bankruptcy Trustees Annual Convention, Boston, Massachusetts, August 29, 2009. 
  • Hot Consumer Topics in Chapter 7. American Bankruptcy Institute’s 14th Annual Southeast Bankruptcy Workshop, Hilton Head, South Carolina, July 29 - August 1, 2009.
  • Negotiation/Out-Of-Courtroom Skills and Techniques. American Bankruptcy Institute’s Atlanta Skills Training Program, June 4, 2009.
  • Select Trustee Issues. American College of Bankruptcy Luncheon for the 11th Circuit Fellows, Washington D.C., March 27, 2009.
  • Business and Consumer Case Law Update. National CLE Conference (LEI), Vail, Colorado, January 3-5, 2009.
  • Case Law Update. U.S. Region 21 Trustee Seminar (for trustees in Georgia, Florida, Puerto Rico and the U.S. Virgin Islands), Atlanta, Georgia, October 21, 2008.
  • Mortgage Fraud. National Association of Bankruptcy Trustees Seminar, Anchorage, Alaska, August 23, 2008.
  • The Art of the Carve-out. National Association of Bankruptcy Trustees Spring Seminar, Santa Fe, New Mexico, April 26, 2008.
  • Bankruptcy Claim Quandaries: Administrative Claims, Claims Evidentiary Issues, Superpriority Claims Upon Conversion to Chapter 7, Rejection Claims, and Estimation Claims. National CLE Conference (LEI), Vail, Colorado, January 4-6, 2008.
  • Select Exemption Issues. National Conference of Bankruptcy Judges, Orlando, FL, October 11, 2007.
  • Case Law Update. Region 21, United States Trustee Seminar, Atlanta, Georgia, September 27, 2007.
  • Administering Exempted Assets. NABT Spring Seminar, Atlanta, Georgia March 16, 2007.
  • Southeast Bankruptcy Workshop. American Bankruptcy Institute, Amelia Island, July 26-29, 2006. His topic was Pro Se Debtors: Surviving the Nightmare.
  • Case Law Update. United States Trustee Region 21 Seminar (includes Florida, Georgia, Puerto Rico, and U.S. Virgin Islands Trustees), Miami, Florida, Georgia June 22-23, 2006.
  • Bankruptcy Reform Act Hot Issues. NABT Spring Seminar, Phoenix, Arizona March 4, 2006.
  • Tax Issues in the Era of the New Bankruptcy Reform Act. Georgia Society of CPA’s, Atlanta, GA, June 21, 2005.
  • The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: How will it affect your business? AGG Seminar, Atlanta, GA., June 3, 2005.
  • Bankruptcy Issues for the Commercial Realtor. Atlanta Board of Realtors, Atlanta, GA., June 2, 2005.
  • Proving Deepening Insolvency. Emory Bankruptcy Developments Journal Symposium, Atlanta, GA., March 24, 2005.
  • Case Conversion Issues. United States Trustee Region 21 Seminar (Includes all Georgia and Florida Trustees), Savannah, Georgia, January 20-21, 2005.
  • New Developments: A Trustee’s Perspective. NABT Convention, San Diego, CA, September 11, 2004.
  • Holding onto Assets. NABT Spring Seminar, Las Vegas, Nevada, March 12-13, 2004
  • Case Law Update. Region 21 US Trustee Seminar, Atlanta, Georgia, January 8, 2004.
  • Recovering Assets through Litigation in Bankruptcy. National Bankruptcy Training Institute, Columbia, South Carolina, November 18, 2003.
  • Faculty Member, National Bankruptcy Training Institute, Columbia, South Carolina, 2003.
  • Claims Review, Objections, and Resolutions. NABT Annual Convention, Washington, D.C., September 7, 2003.
  • Perfection of Collateral and Guaranty Agreements. SouthTrust Bank Live Video Broadcast Seminar, Atlanta, Georgia, August 22, 2003.
  • Establishing Corporate Insider Liability: From Deepening Insolvency to Avoidance Issues. NABT Spring Seminar, Coral Gables, Florida, March 29, 2003.
  • Training Seminar for New Trustees. Office of the United States Trustee, September 12, 2002.
  • Case Law Update. Region 21 United States Trustees (Florida and Georgia Trustees), May 3, 2002.
  • Bankruptcy and Foreclosures. GA ICLE, April 17, 2002.
  • Loan Documentation Issues. August 22, 2003.
  • How to Protect the Interests of Secured Creditors in Georgia. National Business Institute (NBI).
  • How New Bankruptcy Legislation Will Impact Your Practice. Consumer Bankruptcy Attorneys Assoc.
  • Advanced Real Estate Seminar: Bankruptcy Issues. NBI.
  • Ethics in Bankruptcy. State Bar of Georgia, Bankruptcy Law Section.
  • Chapter 11 Single Asset Real Estate Cases. Atlanta Bar Association, Bankruptcy Law Section.
  • Chair, Bankruptcy: The Year in Review. Atlanta Bar Association, Bankruptcy Law Section.
  • Bankruptcy: An Overview. Georgia Department of Banking and Finance.
  • Bankruptcy: An Overview. Mortgage Bankers Association of Georgia.
  • Liens and Credit Issues in Bankruptcy. NBI.
Featured/Quoted
  • “Some Businesses Haven’t Paid Property Taxes for Months,” WSB TV Interview, March 15, 2010.
  • “Cremated Remains Found in Atlanta-area Storage,” WSB TV Interview, December 16, 2009.
  • “General Motor’s Fear of Bankruptcy,” WSB TV, Channel 2, Interview, March 5, 2009.
  • “Georgia Man Accused of Losing Clients’ Life Savings,” News Channel 5 in Nashville, Tennessee, November 3, 2008.
  • “Con-Artist Defrauds Investors of Millions in Ponzi Scheme,” WSB TV Interview, July 28, 2008.
  • “Going, going … gone?,” Savannah Morning News, January 24, 2006.
  • “More Seniors Are Saying ‘Charge it’,” Atlanta Journal-Constitution, April 17, 2005.
  • “Bankrupt Ex-Chairman of WorldCom to Sell Mansion for $13.8 Million,” New York Lawyer and Miami Daily Business Review, February 10, 2005.
  • “In Florida, No Wolves at the Door,” New York Times, January 16, 2005.
  • “Down and Out in Palm Beach,” Forbes, January 2005.
  • “For Ex-WorldCom Chief, a Painless Settlement,” Daily Business Review, January 13, 2005 (cover story).
  • “Home Sweet Homestead,” Daily Business Review, January 3, 2005 (cover story).
  • “Fraud Cases in Atlanta,” Fulton County Daily Report, June 23, 2003.
  • “Crisis slows bankruptcy tide,” Atlanta Journal-Constitution, October 11, 2001.
  • “Bankruptcy Lawyers Face Tough Tasks If Bill OK’d,” Fulton County Daily Report, July 30, 2001 (cover story).
  • “IRS Reverses Itself: No Capital Gains Taxes,” Lawyers Weekly USA, August 23, 1999 (cover story).
  • “Bankruptcy trustee running Decatur’s Holiday Inn Select,” Atlanta Business Chronicle, April 30, 1999.
  • “Trustees vs. IRS,” Lawyers Weekly USA, March 22, 1999 (cover story).
  • “Capital Gains Taxes on Sale of Home in Bankruptcy,” Lawyers Weekly USA, April 20, 1998 (cover story).
  • “In Rare Twist, Ponzi Investors Get Some Money Back,” Fulton County Daily Report, October 3, 1997 (cover story).
  • “No Refunds in ‘Bleed-out’ Case,” Fulton County Daily Report, May 6, 1997 (cover story).
  • “Anti-Fraud Relies on Few Cases, Much Fanfare,” Fulton County Daily Report, March 8, 1996 (cover story).
  • “First-Time Attempt at Mediation by Judge Pays Off,” Fulton County Daily Report, February 9, 1996 (cover story).
  • “How Hayes Hearing Became a Saga,” Fulton County Daily Report, February 5, 1996 (cover story).
  • “How Hayes’ White Knight Carried the Day,” Fulton County Daily Report, July 13, 1995 (cover story).
  • “Vacation Promoter Shut Down,” Fulton County Daily Report, November 15, 1994.
  • “The Boom in Bankruptcy,” Fulton County Daily Report, February 17, 1992 (special section).


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