Lee R. Benton- Partner
205.278.8000 x222
205.278.3492- Direct Fax
lbenton@bcattys.com
Martindale-Hubbell AV Peer Review Rated **
Martindale- Hubbell Profile

Practice Areas: Business Litigation; Bankruptcy; Secured Transactions; Work Outs

Representative Cases: 
  • Adventure Bus LLC, in the United States Bankruptcy Court for the Northern District of Alabama, Case No. 11-0497.  Successful sale of business through bankruptcy court.
  • Black Warrior Minerals, Inc. v. Empire Coal, John Fay Jr., In the Circuit Court of Jefferson Country, Alabama, Case No. CV-2009-903497: Reversed and rendered Trial Court re Guaranty of Coal Fine Obligations
  • HealthSouth Corporation v. Scrushy, In the Circuit Court of Jefferson Country, Alabama, Case No. CV-02-5212: Successful resolution of Judgment Creditor's action against Leslie Scrushy
  • HGC, Inc. v. Heatherwood Golf Club, First Commercial Bank, 61 So.3rd 1012 (Ala. 2010); Established that Alabama recognized implied restrictive covenants on land
  • AIG Baker Tallahassee, LLC, In the United States Bankruptcy Court for the Northern District of Alabama, Case No. 10-07353- Successful Reorganization of Shopping Center and Related Entity 
  • AIG Baker Vestavia, LLC, In the United States Bankruptcy Court for the Northern District of Alabama, Case No. 10-02600- Successful Reorganization of Shopping Center Entity
  • TP Emerald Shores, In the United States Bankruptcy Court for the Southern District of Alabama, Case No. 08-10294- Multi-million dollar settlement concerning reconstruction of beach condominium, title insurer liability and Bankruptcy 
  • Crest Cadillac fka Scoles Cadillac- Martin Scoles v. Crest Cadillac of Birmingham, Inc., et al. - In the United States District Court for the Northern District of Alabama Southern Division, Case No. CV- 97-P-777; Corporate takeover, breach of fiduciary obligations and non dischargeable obligations of former principal of car dealership
  • In Re Prince, 40 F.3d 356 (11th Cir. 1994); Disgorgement of Attorneys Fee in a Bankruptcy Setting
  • Alabama Outdoors, LLC. - Asset Sale- Work out with lender in exchange for new investors
  • Tarrie Hyche, in the United States Bankruptcy Court for the Northern District of Alabama, Case No.12-72304. Confirmed Chapter 11 for individual debtor.
  • Southeastern Property Holdings, LLC v. Waters Edge,              05-CV-2010-901862.00: Successful resolution of multimillion dollar guaranty action after 8 trial days.   
  • In re: Scott Pogue, 2:12-CV-01781-WMA:  Affirmed appeal of Confirmed Chapter 11 case for individual.
  • Synovus Trust Co. v. Warren, Averett, Kimbrough & Marino, LLC,          01-CV-2012-900092: Directed verdict for client after 8 trial days in trade secrets/fiduciary suit.   

Representative Clients: 
  • Adventure Bus, LLC
  • AIG Baker
  • Bel-Air Hotels, LLC
  • Black Warrior Minerals, Inc.
  • National Organization of Life and Health Insurance Guaranty Association
  • P & C Land Development, LLC
  • Roanoke Health Care Authority
  • Splash & Dash, LLC

Admitted: 1977, Alabama and U.S. Court of Appeals, 5th and 11th Circuits; 2001, Tennessee; 2008, Supreme Court of the United States

Law School: Cumberland School of Law of Samford University, J.D., cum laude, 1977

College: Auburn University, B.S., 1974

Member: Birmingham Bar Association (President, 2008; Executive Committee, 2009, 1993-1995; Chairman, Grievance Committee, 1990; Entertainment Committee; Ethics Committee; Treasurer, Young Lawyers Section); Birmingham Bar Foundation (Life Fellow, Executive Committee, 2009-2011; Treasurer 1996); Federal and American Bar Associations (Member, Litigation Section); Legal Aid Society (Board of Directors 2008); American Bar Foundation (Patron Life Fellow); Alabama State Bar (Chairman, 1988, Bankruptcy and Commercial Law Section); Alabama Trial Lawyers Association; Super Lawyer-Bankruptcy (2008-2015); Best Lawyers in America; Top Rated Lawyers in Birmingham, B-Metro Magazine (2014-2018), Top 50 Lawyers in State of Alabama; Top 100 Litigators in the State of Alabama by The American Society of Legal Advocates, 2015; "Stars of the Bar" by B-Metro Magazine, 2015; AIOBA 10 Best Bankruptcy Attorneys in Alabama 2013 and 2014; American Society of Legal Advocates, 2013-present  (Nationwide organization of elite lawyers by invitation only).

Biography: Phi Delta Phi. Member, Cumberland Moot Court Board. Author: Comment, "The Tort of Bad Faith: A Perspective Look at the Insurer's Expanding Liability," p. 241, Vol. 8, No. 1, Cumberland Law Review, Spring, 1977. Law Clerk to Justice Richard L. Jones, Alabama Supreme Court, 1977-1978. Board of Directors, Attorney's Insurance Mutual of the South, Inc.; Presidential and Madison Who's Who. Outstanding Young Men in America, 1985. Board of Directors Alabama Goodwill Industries. Elder (Three times), Deacon (Chairman) South Highland Presbyterian Church. 

Born: Birmingham, Alabama, September 5, 1951

ISLN: 909100313