Erika Barnes is a member of the firm's Creditors' Rights and Bankruptcy Service Group and the Business Litigation Service Group. Erika represents creditors and franchisors in bankruptcy cases nationwide. She also has experience representing creditors' committees and Chapter 11 trustees. Erika handles complex commercial litigation matters in state and federal courts. She frequently represents lenders and special servicers incommercial foreclosures and mortgage litigation. Erika is certified as a specialist in Business Bankruptcy by the American Board of Certification.
Recent Assignments
- Assisted secured creditor with Chapter 11 bankruptcy representation and recovery on loan secured by major downtown Nashville hotel
- Represented national restaurant franchisors in Chapter 11 bankruptcy of franchisee involving more than 120 franchise locations
- Represented secured creditors and loan servicers in receiverships and foreclosures of apartment complexes, hotels, retail space and other commercial property
- Represented the Official Committee of Unsecured Creditors for the Jockey's Guild, Inc. Chapter 11 bankruptcy
- Represented the liquidating trustee for the Lightyear Holdings, Inc., et al. Chapter 11 bankruptcy
- Successfully litigated trial and appeal of breach of contract claim
- Represented major equipment finance companies in bankruptcy and collection matters
Reported Decisions
- Johnson Assocs. Corp. v. HL Operating Corp., dba Hartmann, 680 F.3d 713 (6th Cir. May 23, 2012), affirming 2010 U.S. Dist. LEXIS 126751 (M.D. Tenn. November 30, 2010)
- Korp. v. Wagstaff Minnesota, Inc. (In re Wagstaff Minnesota, Inc.), 2012 U.S. Dist. LEXIS 372 (D. Minn. January 3, 2012), reversing bankruptcy court decision
- In re Kazi Foods of Michigan, Inc., 473 B.R. 887 (Bankr. E.D. Mich. August 4, 2011)
- T&L Invs., LLC v. Bayview Small Business Funding, LLC, 2011 U.S. Dist. LEXIS 10552 (M.D. Tenn. February 2, 2011)Nat'l City Bank v. Breeden, 2009 U.S. Dist. LEXIS 132038 (W.D. Ky. October 29, 2009)
Recent News, Articles & Speaking Engagements
- Reining in the Woo-Girls: Navigating short-term rentals
- Hot Topics in Real Estate 2022, Tennessee Bar Association and Tennessee Land Title Association, November 4, 2022
- Amendments to the Bankruptcy Code Impact Lessors Post COVID-19, with Brian R. Pollock, Stites & Harbison Client Alert, July 14, 2021
- Collecting a Judgment, Webinar, July 8, 2020, with Elizabeth Lee Thompson
- Asset Recovery Orders/Replevin Overview & Local Rules, Webinar, June 30, 2020, with Elizabeth Lee Thompson
- Proofs of Claim and Adequate Protection, Webinar, June 19, 2020with Katie M. Glass , Brian R. Pollock , and Elizabeth Lee Thompson
- Hot Bankruptcy Decisions of 2019, Webinar, June 10, 2020,
- with Brian R. Pollock and Elizabeth Lee Thompson
- New Bankruptcy Law May Increase Small Business Filings, with Brian R. Pollock and Elizabeth Lee Thompson, Stites & Harbison Client Alert, February 18, 2020
- Trademarks in Bankruptcy, with Alexandra MacKay and Mari-Elise Paul, Stites & Harbison Client Alert, May 28, 2019
More Than Stites & Harbison
Prior to attending law school, Ms. Barnes was a French translator for ITI Worldwide in Cookeville, Tennessee. During law school, Ms. Barnes worked as a legal intern for Caterpillar Financial Services Corporation. Erika is a member of the board of directors of the American Board of Certification, an organization that certifies attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors' rights law. She is a director of the Mid-South Commercial Law Institute, a Past Chair of the Tennessee Bar Association Bankruptcy Section Executive Council and is a graduate of the 2011 Nashville Emerging Leaders Class.