Clark R. Hammond

Partner

CLARK R. HAMMOND is a partner with Johnston Barton Proctor & Rose LLP and is the Chair of the Firm's Bankruptcy, Creditor's Rights and Insolvency practice group, and Chair of the Firm’s Construction practice group. He is also a member of the Firm's Litigation practice group. Mr. Hammond practices primarily in the area of bankruptcy, commercial and real estate loan defaults and workouts, construction law, workout of defaulted municipal and commercial bonds, creditor's and debtor's rights, securities litigation and general commercial litigation. Prior to 1989, Mr. Hammond's work included the representation of corporate debtors in Chapter 11 proceedings and the prosecution of civil actions involving commercial disputes, state and federal securities laws and construction litigation. He received his B.B.A. degree from the University of Miami in 1975, and his J.D. degree (cum laude) from Cumberland School of Law in 1984, where he was an Associate Editor of the Cumberland Law Review. Mr. Hammond is also a member of Curia Honoris, which is Cumberland's highest academic honor society. From 1984-85, he served as law clerk to the Honorable Robert B. Propst, United States District Judge, Northern District of Alabama.

HONORS AND RECOGNITION:

Mr. Hammond has been named as an Alabama Super Lawyer in 2008 in the category of Bankruptcy and Creditors Rights.  He was also named by his peers in the Birmingham Business Journal  as Best of the Bar in 2007 in the Construction Law category and as Best of the Bar in 2005 in the Creditors Rights and Bankruptcy category.

Mr. Hammond has been given the AV Peer Review Rating from Martindale Hubbell. An AV rating is a significant accomplishment and a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. A lawyer must be admitted to the bar for 10 years or more to receive an AV rating.

MEMBERSHIPS AND ASSOCIATIONS:

Mr. Hammond is a member of the following legal associations: Alabama Bar Association (Member, Bankruptcy and Commercial Law Section, 1985 to present; Editor, Stream of Commerce-Newsletter of the Bankruptcy and Commercial Law Section of the Alabama State Bar Association, 1991); Birmingham Bar Association (Member, Grievance Committee, 1988, 2001-2003; Member, Long Range Planning Committee, 1989 and 1995; Member, Continuing Legal Education Committee, 1991; Member, Computer and Technology Committee, 1997; Member, Bankruptcy and Commercial Law Section, from inception to present; Member, Alternate Dispute Resolution Committee, 1997-98); American Bankruptcy Institute (Member, Local Rules Committee; Member, Task Force on FSLIC; and Member, and Task Force on Asset Sales); Commercial Law League of   America (Member, Bankruptcy & Insolvency Section; Co-Chairman of Alternate Dispute Resolution subsection of Bankruptcy & Insolvency Section (1994)), the American Bar Association (Construction Forum Subsection), the Alabama Bankers Association and the Associated Builders & Contractors of Alabama. He is also a member of the  Turnaround Management Association, which is the premier professional association dedicated to corporate renewal and turnaround management.

SEMINARS AND LECTURES:

Mr. Hammond has written and lectured on the subjects of commercial law, bankruptcy, debtor's and creditor's rights and construction law, including the following:

BANKRUPTCY AND DEBTOR’S AND CREDITOR’S RIGHTS

•    Tort Law Update, Bankruptcy Cases and Their Effect on State Court Proceedings and Other Actions, sponsored by Alabama Bar Institute for Continuing Legal Education (December 4, 2003)
•    “Preference Defenses”: Eleventh Annual Utility Bankruptcy Program sponsored by American Electric Power, Keyspan Corp., Consolidated Edison Company of New York, Public Service Electric and Gas Company and Lowenstein Sandler, PC (2002)
•    “Preference Issues – Applicable Defenses, Litigation and Settlement Strategies Including Industry Standards”; Tenth Annual Utility Bankruptcy Program sponsored by American Electric Power, BellSouth and Entergy (2001)
•    “Preference Issues and The Preference Survey of Utility Companies”; Ninth Annual Utility Bankruptcy Program sponsored by American Electric Power, Duke Energy and SCANA (2000)
•    "Defending Against Preference Actions and Claim Objections", Eighth Annual Gas and Electric Utility Bankruptcy Program sponsored by American Electric Power Service Corporation, Alabama Power Company and Florida Power & Light Company (1999)
•    “Bankruptcy Litigation From A Creditor's Viewpoint," Seminar on Bankruptcy sponsored by Cumberland School of Law (1998)
•    "Bankruptcy Review Commission", Fifth Annual Gas and Electric Utility Bankruptcy Program sponsored by American Electric Power Service Corporation and Salt River Project (1996)
•    "Trading Claims in Bankruptcy," Fourth Annual Gas and Electric Utility Bankruptcy Program sponsored by American Electric Power Service Corporation, Columbus Southern Power Company and Ohio Power Company (1995)
•    "Utility Contracts as Executory Contracts Under Section 365 of the Bankruptcy Code," Third Annual Gas and Electric Utility Bankruptcy Program sponsored by American Electric Power Service Corporation, Appalachian Power Company and Virginia Electric & Power Company (1994)
•    "Negotiating a Section 366 Order in Mega-Cases" and "Preparing for a Section 366 Hearing," Second Annual Gas and Electric Utility Bankruptcy Program sponsored by Cincinnati Gas & Electric Company, American Electric Power Company and Ohio Power Company (1993)
•    "Recent Bankruptcy Developments In the Eleventh Circuit and The United States Supreme Court," Seminar on Bankruptcy Law sponsored by Birmingham Bar Association (1992)
•    "Bankruptcy Litigation From Creditor's Viewpoint," Seminar on Bankruptcy Litigation Skills in Alabama sponsored by the National Business Institute, Inc. (1992)
•    "Pensions and Bankruptcy," Seminar on Bankruptcy Law sponsored by the Birmingham Bar Association (1991)
•    "Federal Bankruptcy Update Regarding Consumer Credit," Seminar on Consumer Credit sponsored by Cumberland School of Law Continuing Legal Education (1991)
•    "Getting Deprizio-ed," Seminar on Legal Issues Facing Banks sponsored by Alabama Bankers Association (1990)
•    "Credit-Debtor Issues in Commercial Litigation," Seminar on Commercial  Litigation sponsored by Cumberland School of Law Continuing Legal Education (1988)
•    "Executory Contract and Leases, Avoiding Powers of Trustee, Preferential Transfers, Fraudulent Conveyances, Unsecured Creditor's Committee, and Confirmation and Cramdown [Chapter 11]", Seminar on Problem Loans in Alabama sponsored by National Business Institute, Inc. (1988)

CONSTRUCTION LAW

•    Fundamentals of Project Management: Managing Extras & Changes sponsored by Lorman Education Services (August 24, 2007)
•    Dispute Resolution Systems presented on April 26, 2007
•    Construction Delay Claims sponsored by Lorman Education Services (December 2005)
•    Construction Lien Law sponsored by Lorman Education Services (August 2005)
•    Construction Lien Law sponsored by Lorman Education Services (May 12, 2005)
•    Tricks, Traps And Ploys Used In Construction Scheduling: Delay And Disruption Claims sponsored by Lorman Education Services (November 5, 2004)
•    Troublesome Subcontract Provisions presented August 2004
•    National Fireproofing Contractors Association (NFCA) Annual Educational and Business Meeting, Contract Legal Issues, sponsored by NFCA (October 17-18, 2003)
•    National Roof Deck Contractors Association (NRDCA) Annual Educational and Business Meeting, Contract Legal Issues, sponsored by NRDCA (April 30-May 2, 2003)

GENERAL COMMERCIAL LAW AND LITIGATION

•    Annual Corporate Check Up: Five Steps to a Healthy and Prosperous Year, "Recession-Proof the Company," sponsored by the Birmingham Regional Chamber of Commerce (September 2002)
•    Effective Mortgage Foreclosure Techniques in Alabama sponsored by National Business Institute (April 2002)
•    Alabama Foreclosure and Related Bankruptcy and Title Issues sponsored by National Business Institute (November 2001)
•    "Defaulted Loan Workouts", Bond Trustee Seminar (1999)
•    "Fair Debt Collection Practices Act", Seminar on Creditor's Rights sponsored by Alabama Bar Institute for Continuing Legal Education (1998)
•    "Obligations Under Guaranty Agreements," Seminar on Effective Collection Practice in Alabama sponsored by Alabama Bar Institute (1992)
•    "Fair Debt Collection Practices Act," Seminar on Consumer Issues in Commercial Law sponsored by Alabama Bar Institute Continuing Legal Education (1990)

OUTSIDE INTERESTS:

When Mr. Hammond is not practicing law, he enjoys spending time with his wife and three children. In addition, Mr. Hammond is active in his local church and serves as an elder.

Mr. Hammond is also an active official in USA Swimming. He is certified as a National Championship Referee and is also a FINA  Referee as a result of being nominated by USA Swimming for that position.  He is the Southern Zone Officials Chair for USA Swimming. In that capacity, Mr. Hammond oversees 13 Local Swimming Committees that are located in Texas, Mississippi, Louisiana, Tennessee, Alabama, Kentucky, North Carolina, South Carolina, West Virginia, Georgia, and Florida.  In his role as a national championship referee, he regularly oversees and runs both local and national caliber swim meets throughout the United States.  He is also a member of the Board of Directors and treasurer of Southeastern Swimming, Inc.  For the past eleven (11) years, Mr. Hammond has also been responsible for running the Alabama State High School Swimming Championships.

1 Each year, the Birmingham Business Journal devotes one special section to honor the Best of the Bar, which recognizes the men and women that the Birmingham legal community itself declares the best in their field.