University of North Carolina at Chapel Hill, J.D., with honors, 2003, Order of the Coif; Executive Comments Editor, North Carolina Law Review, 2002-03
University of North Carolina at Chapel Hill, B.A., 2000
Andy Tarr's practice focuses on bankruptcy, creditors' rights and commercial litigation. Clients experiencing the crisis of lawsuits or bankruptcy proceedings rely on Andy's steady counsel. He calls on years of courtroom experience in litigation and bankruptcy to provide creative strategies that produce efficient, effective resolutions.
Andy has extensive experience representing lenders, trade creditors and commercial landlords in all aspects of financial restructuring matters. He represents clients in and out of the courtroom in bankruptcy litigation, real estate and personal property foreclosure proceedings, and financial disputes. Andy also represents clients that acquire assets through bankruptcy and foreclosure proceedings. His commercial litigation experience encompasses corporate contracts, fiduciary duties, fraud and unfair trade practices.
Honors & Awards
- Chambers USA: America’s Leading Lawyers for Business, bankruptcy/restructuring, 2017-19
- The Best Lawyers in America, commercial litigation, litigation - bankruptcy, bankruptcy and creditor debtor rights/insolvency and reorganization, 2016-20
- Business North Carolina, Legal Elite, Young Guns, 2008-13; bankruptcy, 2016-17
- Benchmark Litigation, Future Star, litigation, 2014-20; Top Litigator Under 40, 2016-18
- North Carolina Super Lawyers, creditor debtor rights, 2018-19; Rising Star, bankruptcy and creditor/debtor rights, 2010-17
- Martindale-Hubbell, AV® Preeminent™ Peer Review Rated
Creditors' Rights and Corporate Restructuring
Represented landlord and its affiliates in the multi-debtor Chapter 11 cases involving iHeart Media concerning their claims, real estate lease assumption and rejection issues, and cure amounts.
Represented global technology and manufacturing company in the Chapter 11 bankruptcy of Exide Technologies concerning its claims, assumption of its supply contracts, and its complete defense to alleged multimillion dollar preference claims.
Represented wholesale nursery supplier in the Chapter 11 proceedings of a grower and defeated grower's efforts to recharacterize its contracts with the supplier as disguised financing arrangements, which, if successful, would have resulted in the supplier losing its interest in nearly $5 million of nursery products.
Represented multiple creditors in the Chapter 7 bankruptcies of two payroll companies whose principals committed a massive fraud by misappropriating funds deposited for payment of payroll, state and federal taxes, and implemented a litigation strategy that substantially contributed to the delivery of substantial funds to the bankruptcy estate and a favorable settlement of the Chapter 7 trustee’s alleged fraudulent transfer claims against more than 200 creditors.
Represented banks and other financial institutions in out-of-court restructurings, workouts and litigation to collect on loans in the real estate acquisition and development, retail, manufacturing and restaurant industries.
Procured a receiver for a special servicer in connection with a distressed loan secured by over 2 million square feet of furniture showroom and exhibit space, and obtaining judicial approval of $140 million receivership sale of the collateral.
Represented lenders in the Article 9 foreclosures of failed companies in the health care and retail industries.
Served as co-counsel for major telecommunications company in lawsuit by a bankruptcy litigation trustee asserting fraudulent transfer claims exceeding $2 billion; the lawsuit was pending in the U.S. District Court for the Western District of North Carolina and settled after a two-week trial.
Secured dismissal on the pleadings of multimillion-dollar fraudulent transfer and preference claims asserted by a bankruptcy litigation trustee against an international manufacturing company. Gellert, as Successor Litigation Trustee of the Crucible Materials Corporation Creditor’s Litigation Trust v. Coltec Industries, Inc., 2012 WL 5360945 (Bankr. D. Del. 2012).
Secured dismissal on the pleadings of lender liability claims asserted by real estate developer in connection with real estate acquisition and development loan. Wells Fargo Bank, N.A. v. Stonebridge of Mint Hill, LLC et al., 2010 WL 4007331 (W.D.N.C. Bankr. 2010).
Served as trial counsel for major regional state-chartered bank in multiparty lawsuit involving breach of fiduciary duty and unfair trade practices claims arising from administration of a trust; lawsuit was pending in the North Carolina Business Court and settled during trial.
Involved in representing Wachovia Corporation and its directors in successfully defending a suit seeking injunctive relief in connection with the merger of Wachovia and Wells Fargo.
Procured a multimillion dollar arbitration award for a regional convenience store chain in a supply agreement dispute against a global oil company.
Procured a multimillion dollar judgment and dismissal of all counterclaims for a national landlord in a commercial lease dispute with its tenant.
Obtained directed verdict on behalf of real estate developer against landowner making conflicting claim to real property.
News & Events
- Oct. 17, 2019
- Aug. 29, 2019
- Aug. 15, 2019
- May 6, 2019
- Jan. 28, 2019
- Nov. 16, 2018
- Aug. 15, 2018
- July 9, 2018
- May 31, 2018
- Jan. 30, 2018
- Nov. 2, 2017
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- Aug. 15, 2017
- May 31, 2017
- Jan. 26, 2017
- Jan. 4, 2017
- Nov. 9, 2016
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- Aug. 8, 2016
- Jan. 27, 2016
- Jan. 5, 2016
- Oct. 21, 2015
- Aug. 18, 2015
- Jan. 21, 2015
- More Ranked Attorneys Than Any Other North Carolina Firm for Fifth Consecutive YearOct. 29, 2014
- Jan. 21, 2014
- More Ranked Attorneys Than Any Other North Carolina Firm For Fourth Consecutive YearOct. 29, 2013
- Six Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 18, 2013
- Nineteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2013 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 7, 2013
- Seven Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 23, 2012
- Eighteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2012 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 4, 2012
- Seven Shareholders Included Among State’s Top 100 Attorneys, Two in the Top 10Jan. 21, 2011
- Twenty-One Robinson Bradshaw Attorneys Named Among North Carolina’s ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 12, 2011
- Jan. 1, 2011
- Forty-Six Robinson Bradshaw Attorneys Named North Carolina Super Lawyers, North Carolina Rising Stars for 2010Jan. 28, 2010
- Twenty-Five Robinson Bradshaw Attorneys Named Among ‘Legal Elite,’ ‘Legal Elite Hall of Fame’ in North CarolinaJan. 26, 2010
- Dec. 31, 2008
- Dec. 31, 2007
101 W. Worthington
Charlotte, NCJan. 19, 2016
- North Carolina's 37th Annual Bankruptcy Institute, A Primer on the Bankruptcy of LLC Members — The Only Certainty is Uncertainty
Omni Grove Park Inn
290 Macon Ave
Asheville, North CarolinaNov. 7-8, 2014
- Seeking Perfection: Can a Subcontractor Protect its Lien Rights After its General Contractor Files Bankruptcy?May 17, 2010North Carolina Lawyers Weekly
- April 2009Robinson Bradshaw Publication
- North Carolina Bar Association, Bankruptcy Section, Vice Chair, 2019; Council Member, 2009-14; Seminar Committee, Chair, 2014; Seminar Planning Committee, 2011, 2015
- American Bankruptcy Institute, Member
- Robinson Bradshaw Opinion Committee, Member
- Robinson Bradshaw Diversity and Inclusion Committee, Co-Chair
- Carmel Baptist Church, Elder Board, 2015-18; Deacon, 2012-14; Chair, Deacon Fellowship, 2013; Vice Moderator, 2011; Chair, Finance Committee, 2010; Chair, Budget Preparation Committee, 2009; Adult Sunday Bible Study, Leader and Teacher, 2008-present
- Leadership Charlotte, Class 37
- Regularly involved in coaching youth sports