Bobby Guy

Member
Nashville
T 615.251.5557
F 615.251.5551
The Pinnacle at Symphony Place
150 3rd Avenue South, Suite 1900
Nashville, Tennessee 37201

Bobby is a deal lawyer who specializes in fixing, buying, and selling companies in special situations.  His passion is helping companies return from the red to the black so they can thrive, and helping buyers acquire distressed opportunities in time to preserve existing jobs and value.  He is the author of "Distress to Success: A Survival Handbook for Struggling Companies and Buyers of Distressed Opportunities" (FreneticMarket Press, 2011). He is a member at Frost Brown Todd based in the firm’s Nashville office, and commutes to engagements across the country.  

Bobby’s work includes both transactions -- such as acquisitions, sales, refinancings, restructurings, and equity raises– and dispute resolution – such as in-court restructurings and Chapter 11.  He is recognized in The Best Lawyers in America® (Woodward White, Inc.) and  Mid-South Super Lawyers®, and is the recipient of the 2010 “Turnaround of the Year” Award from the Atlanta Turnaround Management Association for his work in the restructuring and sale of Cosmolab, Inc.  

While his experience spans many industries, he spends much of his time focused on healthcare.  He recently led the successful restructuring of more than $200 million in debt for a private-equity-backed senior living company on the west coast, preventing default and allowing the company time to carry out strategic asset sales to return to profitability.   He also recently represented the buyer in the multi-million dollar acquisition of a struggling 100-bed suburban hospital in Texas, and represented the non-profit owner in a multi-million dollar sale of a 250-unit continuing care retirement facility located in the southwest.  In 2010, he acted as lead borrower’s counsel in the Chapter 11 filing of an FDA-regulated cosmetics manufacturer in Delaware, the epicenter of much of the Chapter 11 activity in the US, and acted as borrower’s counsel in the Chapter 11 proceedings of health provider Sumner Regional Health Systems.  He is the former co-chair of the American Bankruptcy Institute’s Health Care Committee, and a lead editor in the ABI’s Healthcare Insolvency Manual (3d edition).  

Outside of healthcare, Bobby has represented manufacturer Dippin’ Dots, Inc. as lead counsel in its Chapter 11 proceedings and its sale to a private equity buyer,  as well as representing private equity funds in the acquisitions of Santa Fe Cattle Company Restaurants and Nationwide Beverage Bottling Company, among others.  In the bankruptcy proceedings of Kmart Corp., he represented the largest unsecured creditors holding more than $1.4 billion in bond debt, and in the bankruptcy of auto-industry manufacturer Imagepoint, he represented the Official Committee of Unsecured Creditors. 

Bobby is trained as a professional negotiator.  He is also a frequent speaker and author on distressed investing and healthcare-related topics.  He has appeared on Fox News, and has been published in The Deal, HealthLeaders, The Distressed Debt Report, The Journal of Corporate Renewal, Mergers & Acquisitions, and HFM, among other publications.  He is board certified in Business Bankruptcy Law by the American Board of Certification.

Prior to joining Frost Brown Todd, Bobby was a partner at Waller Lansden Dortch & Davis. Additionally, he was a Law Clerk to the Honorable Julia S. Gibbons, Chief Judge of the Federal District Court for the Western District of Tennessee at Memphis (currently on the Sixth Circuit Court of Appeals) from 1994 to 1995.

Aside from being a lawyer, Bobby owns his own music publishing company and has worked as a songwriter and studio guitarist. He is a member of the American Society of Composers, Authors, and Publishers (ASCAP). 

Highlights & Recognitions

  • AV® Rated, Martindale-Hubbell®, Highest level of "ethical standards and professional ability"
  • The Best Lawyers in America® 2009-2015
  • Selected for inclusion in Mid-South Super Lawyers® since 2007
  • Board Certified in Business Bankruptcy by the American Board of Certification
  • Selected for inclusion in Who’s Who in American Law, Who’s Who in America, and Who’s Who in International Business

Memberships & Affiliations

  • American Bankruptcy Institute Health Care Committee, Co-Chair
  • American Bankruptcy Institute Journal, Contributing Author
  • Turnaround Management Association, Member
  • Leadership Healthcare, Member
  • ADVANCE for Long-Term Care Management, Former Editorial Advisory Board Member
  • Trust Indentures and Indenture Trustees Subcommittee (ABA), Past Membership Chair
  • Mid-South Commercial Law Institute, Past Board Member
  • Nashville Bar Association, Fellow

Civic & Charitable Organizations

  • International Justice Mission
  • Covenant Presbyterian Church, Member

Non-FBT Publications and Events

Author: Regulations Are Major Side Effect of Health Care Acquisitions, Journal of Corporate Renewal, March 2013

Author: Bringing the Unwilling Seller to the Table - Distressed Acquisition Tactics for Preserving Value, Journal of Corporate Renewal, November/December 2012

Author: Distress to Success: A Survival Handbook for Struggling Businesses and Buyers of Distressed Opportunities (FreneticMarket Press, 2011)

Author: Legal, Practical Reasons Companies Should Consult a Turnaround Advisors, Turnaround Management Association, May 2011

Author: Skirmishes on the Loan-to-Own Front: A Backlash Against Control Strategies, Turnaround Management Association, January/February 2011

Author: "Choosing a Venue in Chapter 11 Cases: A Practical View," Morris Anderson, January 18, 2011.

Author, "Consumer Products: Right-Sized For Acquisition?," Dow Jones Bankruptcy Review, October 2010.

Moderator: “Riding the Rapids as a Consumer Products Company-Case Studies from the Real World"” Turnaround Management Association National Webinar (National, August 2010).

Panelist: "Bankruptcy -- Friend or Enemy of the Healthcare Facility?" Annual Indiana Long-Term Care Convention and Expo (Indianapolis, Indiana, May 26, 2010).

Panelist: "The Two Sides of Bankruptcy: How to Avoid It -- How to Profit from It," The Vanderbilt Owen Management School Quarterly Entrepreneurship Breakfast (Nashville, Tennessee, May 7, 2010).

Speaker: “Seizing Opportunities in a Down Market,” National Webinar for Apartment Realty Advisors (November 2009).

Moderator: “The Financial Markets and the Healthcare Sector,” 2nd Annual Healthcare Business Alliance Conference, Vanderbilt Owen Graduate School of Management, Nashville, October 2009.

Co-Presenter:  “Distressed Investing Strategies,” Capital Funding, Inc. Summer Conference, June 2009 (Avon, Colorado, June 2009).

Moderator: “Distressed Investing Opportunities in the Health Care Industry: Finding a Needle in a Haystack,” American Bankruptcy Institute Inaugural Health Care Triage Conference (Chicago, June 2009)

Panelist: “Breakdown Dead Ahead: The Nuts and Bolts of How the Market Meltdown is Affecting Healthcare Organizations,” The 2009 University of Southern California Conference on Navigating the Financial Market Meltdown: Issues and Strategies for Healthcare Organizations (Los Angeles, April 2009).

Presenter: “Dealing with Customers in Financial Distress,” National webinar for Clarcor, Inc. and affiliates (March 2009).

Co-Presenter: “Distressed Investing Strategies: Stories From the Senior Living Industry,” The 2009 Distressed Healthcare Opportunities Symposium (Infocast, Nashville, February 2009).

Panelist: “Why Healthcare Companies Fail,” Inaugural Healthcare Business Alliance Conference, Vanderbilt Owen Graduate School of Management (Nashville, October 2008).

Moderator: “The Evolution of Distressed and Turnaround Investing: Past and Present Realities,” 2008 Distressed & Turnaround Investment Forum East (New York, May 2008)

Presenter: “The Top Ten Reasons Businesses That Should Make It . . . Don’t,” Vanderbilt University Owen School of Business (Nashville, March 2008)

Presenter: “A Model Protocol For Electronic Filing,” Annual Mississippi Bankruptcy Bar Conference (Jackson, December 2007)

Panelist: “That Was Then But This Is Now: The Evolution Of Distressed And Turnaround Investing,” 2007 Distressed & Turnaround Investment Forum (Las Vegas, September 2007)

Presenter: “Going Naked In Senior Living: The Five Major Issues To Evaluate Before Dropping Liability Coverage,” Tennessee Health Care Association (Nashville, August 2007)

Presentation contributor: “Outsourcing Hospital Departments: Strategies For Success,” American Health Lawyers Association (Chicago, June 2007)

Presenter: "A Model Protocol For Electronic Filing," Tennessee Attorney's Memo Regional Webinar (May 2007)

Moderator: "The Patient Care Ombudsman: The Myth And The Reality," The American Bankruptcy Institute Annual Seminar (Washington, D.C., April 2007)

Panelist: "Recognizing The Risks Of Outsourcing, And Developing Strategies For Success," Healthcare Financial Management Association National Webinar (September 2006).

Presenter: "A View From Down-Under: The Top Ten Reasons Companies That Should Make It . . . Don't," Belmont University, The Massey School of Business (Nashville, 2004, 2005, 2006, 2007, 2008)

Co-Presenter: “The 2005 Bankruptcy Code Amendments,” The Waller Lansden Alliance Quarterly Meeting (Nashville, March 2006)

Co-Presenter: "Winds of Change: How The New Bankruptcy Code Will Affect GE Transportation," GE In-House Counsel Seminar (Cincinnati, September 2005)

Presenter: "Navigating the Straits of Electronic Filing: How A Step-By-Step Protocol Can Help," Nashville Bar Association (Nashville, February 2005)

Quoted, “Ex-Predators Arena Sponsor Sommet Forced Into Ch. 7,” Bankruptcy Law 360, July 29, 2010.

Author: “Terminating An Executory Contract When Your Vendor Files Chapter 11: What's A Poor Healthcare Company To Do?” The American Bankruptcy Institute Journal, September 2010. 

Author: “A Primer on Distressed Acquisitions: The Legal Reasons Why Up-Market and Down-Market Acquisitions are Different,” The Journal of Corporate Renewal, September 2010

Author: “How Pro’s Play the Loan-To-Own Game: Pricing and Buying Distressed Debt,” The Distressed Debt Report, July 13, 2010 (Vol. VI, No. 13).

Quoted, “Hospital M&A Not Expected to be a 'Tidal Wave,' But Deep Capital Shortage Means Surge,” Financial Times.com/Mergermarket, May 21, 2010.

Co-Author: “The Hits Just Keep on Coming: The Continued Wave of Attacks on the Lender’s Right to Credit Bid at Section 363 Sales,” The Journal of Corporate Renewal, May 2010. 

Author: “A Retrospective on PhyAmerica: It’s Not Over Til When It’s Over,” The American Bankruptcy Institute Journal, March 2010 (Vol. XXIX, No. 2).

Co-Author: "Attacks Continue on Lenders' Right to Credit Bid in 363 Sales," Turnaround Management Association - Legal Bulletin, May 2010.

Author: “Distressed Investing Strategies,” The American Bankruptcy Institute Healthcare Committee Newsletter, June 2009.  

Author: “The Era of De-Triggerization: Why This Downturn is Different,” The Journal of Corporate Renewal, June 2009.

Author: “Three Bets at the Table: Distressed Investing Strategies For Hedge Funds And Private Equity,” The Millman Report, May 2009. 

Co-Author: “Antitrust and the Section 363 Sale: Bankruptcy Court Orders May Not Be As Bulletproof As You Think,” The Journal of Corporate Renewal, May 2009. 

Quoted, “Do not pass go — Tight credit, uncertainty over reform stall health care acquisition game, keep prime targets out of play,” Nashville Business Journal, May 1, 2009.

Co-Author: “Pay-Off Letters – What Every Lender Should Consider,” Waller Lansden Financial Services Bulletin, April 2009 (Vol. 4).

Co-Author: “A Healthcare Regulatory Overview For Insolvency Professionals,” The American Bankruptcy Institute Journal, April 2009.

Co-Author: “Healthcare Market Abounds with Opportunities for Distressed Investment,” The Distressed Debt Report, February 24, 2009.

Quoted, “Economic Downturn Adds New Uncertainties To IT Planning,” American Medical News, January 5, 2009.

Author: “A Primer On Distressed Investing Strategies,” Mergers & Acquisitions, October 2008 (Vol. 43, No. 10). 

Author: “Real Estate Distressed Investing Strategies,” The NIC Insider (National Investment Center for Seniors Housing and Care Industry), August 2008.

Co-Author: “The Top Ten Reasons Businesses That Should Make It . . . Don’t,” The ABF Journal, July/August 2008 (Vol. 6, No. 7).

Author: “Hot Opportunities in a Cooling Economy: Distress Sales Can Provide a Unique Opportunity for Savvy LTC Providers,” ADVANCE for Long-Term Care Management, May/June 2008 (Vol. 11, No. 3). 

Author: “Six Ways Out: Distress As The Art Of Exit Strategies,” The Journal Of Corporate Renewal (cover article), April 2008 (Vol. 21, No. 4).

Radio Appearance, “American Medical News Update: Are You Recession Proof?” ReachMD.com (aired February 25-29, 2008).

Quoted, “Are You Recession Proof?” American Medical News, March 3, 2008. 

Quoted, “Losing Steam,” McKnight’s Long Term Care News & Assisted Living, February 6, 2007.

Contributing Author: “Hospital Investments In Competitiveness: Financing Options – A Survey of C-Level Hospital Executives,” HealthLeaders, December 2007.

Co-Author: “Calculated Risk, “ADVANCE For Long-Term Care Management, November/December 2007.

Quoted, “Brace Yourself: Just because acts of God are impossible to predict does not mean they are impossible to prepare for,” Business Tennessee Magazine, November 2007.

Quoted, “To Outsource Or Not To Outsource,” Healthcare Revenue And Cost Management, November 2007.

Quoted, “Funds Claim Wachovia Knew Of Le-Nature’s Problems,” The Distressed Debt Report, October 9, 2007 (Vol. III, No. 18).

Author: “Liquidity and Healthcare,” Inaugural Post on Waller Lansden Weblog (July 18, 2007, and multiple follow-up postings).

Author: “Senior Living Insurance Relief Will Likely Hinge On Tort Reform," The Nashville Business Journal, June 22, 2007.

Quoted, “‘Going Bare’ In Senior Care: Rising Insurance Costs Are Causing Some Nursing Homes To Drop Coverage,” The City Paper, June 25, 2007.

Co-Author: "Full Coverage: How To Increase The Returns For Healthcare Investments Through Outsourcing, " The Deal, June 11, 2007 (Vol. 5, No. 19).

Co-Author: "10 Outsourcing Myths That Raise Your Risk," Healthcare Financial Management, June 2007.

Author: "Best Practices for E-Filing: a Proposed Protocol," The American Bankruptcy Institute Journal, May 2007 (and reprinted in the Thomsen/West E-Filing Reporter, October 2007).

Co-Author: "Going Naked: What To Consider When Getting Ready To Drop Your Liability Insurance," Contemporary Long-Term Care Magazine, May 18, 2007 (Vol. 30, No. 4).

Co-Author: “7 Keys to Successful Outsourcing,” Outpatient Surgery Magazine March 2007 (Vol. VIII, No. 3).

Contributing Author: "Hospital Outsourcing in Clinical Services Survey," HealthLeaders, December 2006.

Co-Author: "The Patient Care Ombudsman: A New Professional Gets Added to Chapter 11," The ABF Journal, September 2006 (Vol. 4, No. 7) (and reprinted in the American Bankruptcy Institute Health Law Newsletter March 2007).

Author: "Digital Details: Don't Get Tripped Up By The New Electronic Filing Rules," Tennessee Bar Journal, November 2006 (Vol. 42, No. 11).

Author: "A Model Protocol For Electronic Filing: Best Practices For Law Firms Making The Transition To Case Management/Electronic Case Files," The Federal Lawyer, August 2006 (Vol. 53, No. 7)(and reprinted in the Thomsen/West E-Filing Reporter, September 2007).

Co-Author: "The Risks of ‘ER’ Outsourcing: A Tale of Woe from the Bankruptcy Underworld," The Health Lawyer (American Bar Association), June 2006 (Vol. 18, No. 05).

Co-Author: "Making Sense of CMBS in a Loan Workout Environment," The Journal of Private Equity, Spring 2006 (Vol. 9, No. 2).

Editor: "The Waller Lansden Corporate Trust Quarterly," 2005- March 2009 (17 issues).

Bobby has been quoted or published in The Deal, HealthLeaders, The Distressed Debt Report, Healthcare Financial Management, Mergers and Acquisitions Magazine, The National Investment Center Insider, The Journal of Corporate Renewal, The Journal of Private Equity, Contemporary Long-Term Care Magazine, American Medical News, ADVANCE for Long-Term Care Management, the ReachMD News Radio Program, Outpatient Surgery Magazine, The Dermatology Times, The American Bankruptcy Institute Journal, Healthcare Revenue and Cost Management, The Asset Backed Financing Journal, Credit and Collections Magazine, Business Tennessee Magazine, The Nashville Business Journal, and The Nashville City Paper, among others.   He has been a speaker at the University of Southern California Healthcare Conference, the Vanderbilt University Healthcare Alliance Conference, the Infocast Distressed Healthcare Opportunities Symposium, the iiBIG (International Institute for Business Intelligence) Distressed and Turnaround Investing Conference, the American Bankruptcy Institute Annual Meeting, the American Bar Association Business Bankruptcy Committee Annual Meeting, the Association of Financial Professionals Annual Seminar (Tennessee Chapter), the Vanderbilt University Owen School of Business, and the Belmont University Massey School of Business.

Other Contact Info

Assistant

Leslie Scales
Email
T 615.743.6738
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