Austin E. Carter

Mr. Carter, a Partner, assists businesses and individuals throughout Georgia and the Southeast with a variety of commercial and business matters.  Mr. Carter devotes a substantial amount of his practice to the representation of debtors, trustees, committees and creditors (secured and unsecured) in Chapter 11 and Chapter 7 bankruptcy proceedings throughout the State and region, as well as in out of court workouts and restructurings.  Mr. Carter also maintains an active business litigation practice, assisting clients with contract disputes, debt collection and defense, fraud and other business tort claims, and the enforcement and defense of covenants not to compete.  In addition to his insolvency and litigation work, Mr. Carter routinely handles commercial real estate and other business transactions.

Prior to returning to his hometown of Macon in 2001, Mr. Carter practiced with the Atlanta office of a large, national firm, where he handled business litigation.

Mr. Carter earned his J.D. from the University of Georgia School of Law in 1995 and his B.A. from Tulane University in 1992.  During law school, he served as Notes Editor of the Georgia Journal of International and Comparative Law, in which his article was published in the Fall 1993 edition.  He is a member of Sigma Alpha Epsilon fraternity and Pi Sigma Alpha honor society.

In 2009 and 2010, Mr. Carter was selected as a Georgia Super Lawyer Rising Star, by the publishers of Atlanta Magazine and Law & Politics.

An active member of the Macon community, Mr. Carter is a member of the Macon Civic Club and the 2005 Leadership Macon class.  He and his family attend Mulberry Street United Methodist Church, where Mr. Carter has served in a variety of leadership roles.  

Mr. Carter also serves on the Advisory Board for Wesley Glen Ministries, which owns and operates homes for mentally-disabled adults throughout Middle and South Georgia.  During his spare time, Mr. Carter enjoys playing golf and coaching his sons’ sports teams.

Recent Engagements:

• Counsel to Chapter 11 trustee in bankruptcy case of operating hotel, resulting in sale of hotel and payment in full of all allowed claims.
• Counsel to owners of a 640,000 square-foot retail center in Texas as debtor in Chapter 11 bankruptcy, with more than $125 million in claims.
• Counsel to hotel franchisee debtor in Chapter 11 bankruptcy, resulting in confirmed Plan of Reorganization.
• Counsel to General Motors automobile dealer as debtor in Chapter 11 bankruptcy.
• Closed sales of two regional amusement parks out of Chapter 11 bankruptcy case, for total sales price in excess of $50 million.
• Counsel to secured lender in successful action to have state court receiver appointed over defaulting borrower hotel.
• Counsel to physician in litigation arising from partnership dispute with claims in excess of $1 million for breach of contract, breach of fiduciary duty and unauthorized corporate acts.
• Successfully defended physician in action by clinic to enforce covenant not to compete.
• Counsel to Committee of Unsecured Creditors in Chapter 11 bankruptcy case of regional finance stores, where Committee represented claims in excess of $30 million.

Reported Cases:

• In re Hall, 415 B.R. 911 (Bankr. M.D. Ga. 2009)
• In re Sanjeev and Rajeev, Inc., 411 B.R. 480 (Bankr. S.D. Ga. 2008)
• Terry Hunt Const. Co., Inc. v. AON Risk Services, Inc., 272 Ga. App. 547, 613 S.E.2d 165 (2005)
• Davita, Inc. v. Othman, 270 Ga. App. 93, 606 S.E.2d 112 (2004)
• Association Services, Inc. v. Smith, 249 Ga. App. 629, 549 S.E.2d 454 (2001)
• Traina Enterprises, Inc. v. RaceTrac Petroleum, Inc., 241 Ga. App. 18, 525 S.E.2d 712 (1999)