Can a Bank Hold Your Spouse Liable for Your Company’s Debts?

by Thom Avery and Amy Oslica A common scenario for Missouri business owners:  You approach the Bank for a loan on behalf of your business, and the Bank requires you to sign a personal guaranty on the debt.  But, the lender also requires that your spouse—who is in no way involved in the business—must sign […]

Beware: The Dangers of Forbearance Agreements with Lenders

In situations where commercial borrowers (developers, businesses, etc.) are in default on a promissory note, the lender may offer to enter into a “forbearance agreement” or some other form of deferment agreement with the borrower. These are often presented by the lender as a generous concession on their part in order to give the borrower additional time to try to work its way out of the problem.

BB&D Assists Fairfield Processing Corporation in Leasing and Redeveloping New St. Louis Facility

In early 2017, BB&D attorneys represented international product filling supplier Fairfield Processing Corporation (Fairfield, Connecticut) in all aspects of leasing and redeveloping a 300,000-square-foot filling and packaging facility in north St. Louis City. In addition to the leasing and construction of the facility, the effort included negotiating incentives from the Enhanced Enterprise Zone Board of […]

BB&D Obtains Arbitration Award in Construction Dispute

BB&D attorneys Thom Avery and Aaron Sanders represented a construction company involved in the design and construction of multiple branch offices for an out-of-state financial institution.  After expending substantial resources in the design of one of the branch locations and readying the project for construction, the project was abruptly terminated by the financial institution.  The […]

Avery Earns Martindale-Hubbell® AV Rating

BB&D announces that member Thomas Avery has received the prestigious AV Preeminent® peer review rating from Martindale-Hubbell.  Martindale-Hubbell® Peer Review Ratings™ are designed to assess the legal ability and ethical standards of an attorney.  The AV Preeminent® rating represents a determination by Avery’s peers that he ranks at the highest level of professional excellence.  Avery joins […]

Avery Wins in Court of Appeals on Sanctions Issue

BB&D attorney Thom Avery prevailed before the Missouri Court of Appeals on a case relating to $83,000.00 in sanctions awarded to its client in relation to a successful judgment on an underlying fraudulent conveyance lawsuit.  Avery had already won a judgment for his clients in the amount of $2.8 million which was settled by the parties.  […]

BB&D Attorney Thom Avery Obtains $2.8 Million Judgment, Including $1.5 Million in Punitive Damages

Thom Avery represented three local business investment companies in bringing a successful lawsuit to recover payment on three outstanding business loans.  The lawsuit involved proving that Defendants had fraudulently conveyed personal assets to various business accounts and trusts to avoid payment on the loans.  Judgment was entered on October 3, 2014, awarding Plaintiffs $2.8 million […]

Court of Appeals Affirms Summary Judgment Obtained by R. Thomas Avery

In this case, BB&D represented a national design/build contractor, a prominent real estate developer and St. Louis County.  BB&D lawyer, Thom Avery, argued the case before the Missouri Court of Appeals, Eastern District. The plaintiff, a subcontractor, asserted a mechanics’ lien and claims under the public works bond statute. The claims exceeded $1 million.  BB&D […]

BB&D Attorneys Thom Avery and Douglas Stockenberg Obtain Decision from Court of Appeals Finding Personal Guaranties Signed by Wife of Homebuilder/Developer were Invalid and Unenforceable

BB&D attorneys Thom Avery and Douglas Stockenberg represented Thomas Hughes, a homebuilder and real estate developer, and his wife, Carolyn, in a suit brought by Frontenac Bank seeking approximately $3.6 million for the alleged breach of promissory notes and related commercial guaranties.  At trial, the court ruled in favor of BB&D and found the personal guaranties […]