Frank N. White

Partner

Direct: 404.873.8744
Fax: 404.873.8745
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Frank is a partner in the Bankruptcy, Creditors’ Rights, & Financial Restructuring practice and a member of the Payments Systems & Fintech industry team. He is a founding member of the firm’s Diversity, Equity, & Inclusion Committee and co-chair of the Art Committee. He is an innovative lawyer whose practice encompasses litigation in and relating to bankruptcy proceedings, receiverships, and state law insolvency proceedings. With 35 years of experience, he is known for his work in the financial services, payment processing, and food services industries.

In the bankruptcy area, Frank concentrates on creditors’ rights under the Bankruptcy Code, with an emphasis on unsecured creditors in large Chapter 7 and Chapter 11 cases. He defends a myriad of adversary proceedings and claims (preference, fraudulent transfer, and other avoidance claims, as well as claims for violation of the automatic stay, etc.) that arise out of bankruptcy cases and litigates the complex jurisdictional, procedural, and legal issues that frequently arise in those proceedings. He is particularly skilled at defending fraudulent transfer claims and resolving bankruptcy issues related to trade vendors, credit card payment processors, and providers of critical services to large business and consumer debtors.

Frank handles every type of commercial litigation, with an emphasis on contract disputes. He has also handled business torts, non-compete covenants, fraud, libel, constitutional claims and defenses, and a host of other business-related issues.

Frank serves as pro bono intellectual property counsel to The Center for Puppetry Arts and assisted in its acquisition of items from the Jim Henson Foundation collection. In 2008, the Daily Report presented him with the Pro Bono Award for Service to The Arts. From 2010 to 2020, Frank also served as outside general counsel to the Atlanta Food and Wine Festival.

Experience

  • National representation of a leading credit card company in the defense of high-exposure, fraudulent transfer and other avoidance actions brought by bankruptcy trustees, court-appointed receivers, and assignees for the benefit of creditors.
  • Serving as outside bankruptcy and litigation counsel, in cases across the United States, to an international processor of retail credit, debit, and gift card transactions. Representation of this client has included the defense of preference claims and claim objections, litigation concerning provision of merchant records required to respond to cardholder disputes, and proceedings relating to merchant funds held in reserve, as well as the successful opposition of motions for injunctive relief based on alleged violations of the automatic stay.
  • National representation of a leading food service provider in all aspects of bankruptcy proceedings involving its customers, including prosecution of secured and unsecured claims, critical vendor issues, issues concerning the automatic stay, and claims for trust funds under the federal Perishable Agricultural Commodities Act (“PACA”).
  • National representation of numerous payment card processing companies in connection with all aspects of bankruptcy, receivership, and other merchant insolvency proceedings, including issues relating to stay relief, retention and application of reserves, merchant processing contract assumption, and defense of avoidance claims.
  • Representation of multi-Grammy-winning archival record label in licensing of historical sound recordings, artwork, and related materials, from major labels and owners of original content, for inclusion in books, CD box sets, and digital releases.
  • National representation of a Fortune 100 telecommunications company that is a significant trade creditor and frequent litigation defendant in numerous corporate bankruptcy cases filed across the United States. Through this representation, Frank developed particular prowess in bankruptcy issues relating to public utilities and counterparties to executory contracts with a debtor.
  • Successfully obtained dismissal by the United States Bankruptcy Court for the District of New Jersey on a motion to dismiss of a 10-count, multimillion-dollar complaint filed by the debtor on the basis that the complaint failed to comply with the heightened pleading standards imposed under the Federal Rules of Civil Procedure and by the Supreme Court of the United States.
  • Successfully obtained full payment of creditor’s claim after extensive litigation in the United States Bankruptcy Court for the Middle District of Florida in which the client won a multitude of litigated matters, including obtaining the remand (following removal to the bankruptcy court by the debtor) to the Florida state court of the debtor’s appeal of an arbitration award issued in the client’s favor, defense of the debtor’s motion to disqualify the creditor’s vote on the grounds of alleged bias, and the blocking of confirmation of a plan that failed to provide the required treatment for the client under the Bankruptcy Code.

    Credentials

    • University of Georgia School of Law, Juris Doctor,
      magna cum laude
      • Order of the Coif
      • Georgia Law Review, Notes Editor
    • Duke University, Bachelor of Arts,
      cum laude
    • State of Georgia 1989
    • United States Court of Appeals for the Sixth Circuit 1992
    • United States District Court for the Middle District of Georgia 1991
    • United States Court of Appeals for the Eleventh Circuit 1989
    • United States District Court for the Northern District of Georgia 1989
    • Supreme Court of Georgia 1989
    • Georgia Court of Appeals 1989
    • Superior Courts of Georgia 1989