Stephen P. Stoltz

Lexington, Kentucky
Member

Phone: (859) 252-9000
Fax: (859) 233-4269

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Biography:

Stephen P. Stoltz joined Gess Mattingly & Atchison, P.S.C. as an associate in 1994 and was admitted as a shareholder in 1999.

Mr. Stoltz’s practice focuses in the areas of business organization and transactions, commercial litigation, and real estate matters. He also practices in the areas of bankruptcy, construction law, corporate law, estate planning and administration, oil and gas law, and personal injury.

Mr. Stoltz regularly represents a broad range of clients—financial institutions, other businesses and individuals in state and federal courts.

Mr. Stoltz is a member of the Bluegrass Alumni Chapter Board and a former member of the Alumni Executive Board of Transylvania University. He also serves on the board and as treasurer (and is a 7-year former president) of the Ashland Neighborhood Association.

Areas of Practice:

  • Appellate Litigation
  • Banking Law
  • Bankruptcy, Foreclosures, & Collections
  • Business Litigation
  • Business Organization & Dissolution
  • Commercial Real Estate & Transactions
  • Construction Litigation
  • Corporate Law
  • Creditors’ Rights, Workouts, & Reorganizations
  • Dispute Resolution
  • Injury Claims
  • Leases & Contracts
  • Lien Perfection & Enforcement
  • Negligence
  • Oil & Gas Law
  • Personal Injury Litigation
  • Secured Transactions & Lending
  • Torts
  • Uniform Commercial Code
  • Wills, Trusts, & Estates
  • Wrongful Death

Bar Admissions:

  • Kentucky, 1994
  • U.S. District Court Eastern District of Kentucky, 1994
  • U.S. District Court Western District of Kentucky, 1994
  • U.S. Court of Appeals 6th Circuit, 2002
  • U.S. Supreme Court, 2002

Education:

  • University of Kentucky (Lexington, Ky.)
    J.D., 1994
    Journal of Natural Resources & Environmental Law
  • Transylvania University (Lexington, Ky.)
    B.A., 1987
    Magna Cum Laude
    Holleian Society

Professional Associations and Memberships:

  • Fayette County Bar Association
  • Kentucky Bar Association
  • Kentucky Justice Association

Professional Highlights & Honors:

  • AV Preeminent peer review rating, Martindale-Hubbell

Selected Publications & Presentations::

  • Note, “Lender Liability under CERCLA: Death of the EPA Rule and Resurrection of Uncertainty”
    9 Journal of Natural Resources & Environmental Law 505, 1993 – 1994

Representative Cases:

  • Cadle Co. v. Gasbusters Prod. I Ltd. P’ship, 509 S.W.3d 713 (Ky. App. 2016), review denied (Feb. 9, 2017)
    (res judicata; claim preclusion; bankruptcy court jurisdiction over state law claims)
  • Stanley v. C & R Asphalt, LLC, 396 S.W.3d 924 (Ky. App. 2013)
    (appeal procedure; jurisdiction)
  • Cadle Co. II, Inc. v. Gasbusters Prod. I Ltd. P’ship, 441 F. App’x 310 (6th Cir. 2011)
    (bankruptcy claim objection; ownership of gas wells; mineral law)
  • Ward v. Taylor, 2007-CA-001533-MR, 2009 WL 1203949 (Ky.App. 2009)
    (attorney’s fees under real estate contract)
  • Fresh Mex, LLC v. Thomas & King, Inc., 2009 WL 102883 (Ky.App. 2009)
    (breach of commercial lease)
  • Messing v. Paul, 147 F. App’x 437 (6th Cir. 2005), cert. den., 547 U.S. 1019 (2006)
    (dissolved corporation; personal liability for debts)
  • Prudential Sec. Inc. v. Napier, 2003-CA-002700-MR (Ky.App. 2004)
    (arbitration) (on appellant’s briefs)
  • Softball City, Inc. v. Dixon, 1998-CA-002152-MR (Ky.App. 2000)
    (punitive damages for property damage)
  • Cheatham v. Paisano Publications, Inc., 891 F.Supp. 381 (W.D.Ky. 1995)
    (invasion of privacy) (on appellee Paisano’s briefs)