Joseph R. Prochaska
- State of Tennessee
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Eleventh Circuit
Mr. Prochaska is certified by the American Bankruptcy Board of Certification as a specialist in business bankruptcy.
Mr. Prochaska regularly appears in state, bankruptcy and federal district courts throughout Tennessee. He has also appeared pro hac vice in bankruptcy or federal district courts in Alabama, Delaware, Colorado, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, New York, Nevada, Pennsylvania, Texas, and Virginia.
- J.D., University of Virginia School of Law, 1987
- Editor-in-Chief, Virginia Journal of Natural Resources Law
- B.A., Haverford College, 1982
- Major in Economics
Author and Lecturer:
Mr. Prochaska is a frequent author and lecturer, and has appeared before national audiences for the American Bar Association, Section of Business Law; the American Bankruptcy Institute; and the National Association of Chapter 13 Trustees. Mr. Prochaska writes frequently for Business Law Today, the NACTT Quarterly and the ABI Journal.
- American Bar Association, Section of Business Law; Chair, Consumer Bankruptcy Committee, 1995-1998.
- American Bankruptcy Institute (Member, Consumer Bankruptcy Committee, Health Care Committee, and Banking and Finance Committee; Contributing Editor, ABI Journal, 1995-1998).
- Nashville Bar Association (Member, Bankruptcy Committee).
- National Association of Chapter 13 Trustees (Member, Creditor’s Auxiliary, and Chair, 1997-1998).
Mr. Prochaska has handled a variety of complex matters for some of the nation’s largest lenders and companies, including:
- Successfully recovering millions of dollars for defrauded bondholders in a complex Ponzi scheme run by organized criminals, after a four year investigation, over fifty depositions, a three week trial and several appeals;
- Filing and confirming nearly a dozen competing plans of reorganization in a series of health care bankruptcies around the southeastern United States for two national retirement community companies;
- Representing national, state and local environmental groups in protecting the streams, rivers, lakes and other protected areas of Tennessee, including settling cases which resulted in the establishment of the Tennessee Environmental Endowment and the protection of environmentally significant undeveloped urban areas;
- Obtaining a contempt of court finding against an adversary after a complex and sophisticated electronic data destruction;
- Obtaining the first ruling by a federal district court in Tennessee that an assignment of rents, involving a securitized trust, is enforceable in bankruptcy;
- Reviewing the national policies and practices of several major national consumer lenders for compliance with the recently enacted Bankruptcy Abuse Prevention and Consumer Protection Act; and
- Representing major national lenders in new issues arising under the BACPCPA, including filing primary and amicus briefs, including developing the argument ultimately adopted by the U.S. Court of Appeals for the Seventh Circuit that certain collateral cannot be surrendered in full satisfaction of the debt in Chapter 13 bankruptcies.
As a result of his legal work, Mr. Prochaska has been featured or has appeared in national publications such as the ABA Journal and the Wall Street Journal and locally in the Nashville Tennessean, the Memphis Commercial Appeal, the Knoxville News Sentinel, and the Chattanooga Times-Free Press.
Mr. Prochaska is actively involved in the Nashville community, as well as the national legal community. He presently serves on the Board of Directors of the McCabe Park Little League, where he has served as a coach for the past six years, and on the Board of Directors for the Tennessee Environmental Council. He has served, in the past, on the Boards of Directors for Historic Nashville, Inc. and the Hillsboro West End Neighborhood Association. He also served as the Chair of the Davidson County Democratic Party from 1993 to 1997, and served on the Davidson County Democratic Executive Committee from 1991 to 1997. Mr. Prochaska was a Big Brother through the Big Brother/Big Sisters program for ten years.
- Bankruptcy and Creditors Rights
- Consumer Financial Services
- Commercial Litigation
- Appellate Litigation