DAVID B. TATGE is a Member of the Firm in the Corporate Services, Health Care and Life Sciences, and Litigation practices. He is located in the firm's Washington, DC, office. His practice focuses on commercial finance, bankruptcy, and associated business and commercial litigation. Mr. Tatge has been selected to the Washington DC Super Lawyers list (2014 to 2017) in the areas of Business/Corporate, Bankruptcy: Business, Business Litigation.
Mr. Tatge structures, negotiates, and documents a wide-range of commercial finance and business transactions. He represents factors in client fundings and in various other business matters, including litigation, and counsels clients with respect to letters of credit, purchase order financing, and various other forms of trade finance. He advises banks, commercial financiers, and other lender clients with respect to new and existing loan relationships, guarantees, and other credit enhancements, as well as on asset-based lending, intercreditor agreements, participations, workouts, collections, fraud, and structured finance matters. He also advises buyers and sellers in asset and stock purchase transactions and on related acquisition financing.
Bankruptcy and Creditors' Rights
Mr. Tatge represents secured lenders, factors, unsecured creditors, creditors' committees, debtors and debtors-in-possession, trustees, receivers, investment bankers, and others in insolvency matters. He appears before federal bankruptcy, district, and appellate courts, nationwide, as well as in state and federal court attachment, levy, injunction, and collection actions. He:
- Assists clients with a wide array of bankruptcy litigation, including relief from the automatic stay, confirmation of reorganization plans, discharge and dischargeability issues, preferences, fraudulent conveyances, executory contracts, and bankruptcy appellate litigation
- Represents clients in debtor-in-possession and exit financing transactions
- Advises lender clients on matters related to use of their cash collateral
- Has represented clients in their purchase of approximately $100 million in assets from troubled companies, out of bankruptcy
- Structures out-of-court workouts
- Represents creditors in post-judgment execution, foreclosure, and collection litigation
Commercial Litigation and Other Matters
Mr. Tatge counsels and represents clients with respect to:
- Business and commercial litigation, including both contract law and business torts
- Capital formation
- Corporate law
- Health care law issues, with an emphasis on commercial and insolvency matters and health care finance
- Landlord-tenant disputes
- Mergers, acquisitions, formation, and internal disputes concerning corporations, partnerships, and limited liability companies
- Real estate matters
- Taxation of corporations, partnerships, and LLCs
Mr. Tatge's reported decisions include the following:
- Ranade v. BT Americas, Inc., C.A. No. 1:12-CV-01039 ,2013 U.S. Dist. LEXIS 155183, (E.D. Va. Oct. 28, 2013), aff’d, , No. 13-2428, 581 Fed. Appx. 182 (4th Cir. Aug. 5, 2014)
- Heller Healthcare Fin, Inc. v. Columbia Hospital for Women Med. Ctr., Inc., 2004 U.S. Dist. Lexis 21785 (D.D.C. Nov. 1, 2004), as amended Nov. 24, 2004.
- Tatge v. Chandler (In re Judiciary Tower Assocs.), 175 B.R. 796 (Bankr. D.D.C. 1994)
- Tatge v. Chandler (In re Judiciary Tower Assocs.), 170 B.R. 8 (Bankr. D.D.C. 1994)
- In re Grimm, 156 B.R. 958 (E.D. Va. 1993)
- J.H. Streicker & Co. v. SeSide Co. (In re SeSide Co., Ltd.), 152 B.R. 878 (E.D. Pa. 1993)
- Reiman v. International Hospitality Group, 614 A.2d 925 (D.C. 1992)
- Tatge v. American Sec. Bank (In re Forrest Marbury House Assocs. Ltd. P'ship), 137 B.R. 554 (Bankr. D.D.C. 1992)
A member of the American Bankruptcy Institute and of the Business Law section of the American Bar Association, Mr. Tatge was lead author of The Chapter 7 Bankruptcy Trustee's Manual (John Wiley & Sons, 1993) and American Factoring Law (BNA Books, 2009). A review of The Chapter 7 Bankruptcy Trustee's Manual by Robert B. Milner (Sonnenschein Nath & Rosenthal, Chicago) in the July/August 1993 issue of the American Bankruptcy Institute Journal states: "[The book] is a thorough and well-researched explanation of Chapter 7 practice. ... The book's greatest strength is its consistent fusion of practice advice and academic analysis. ... The Chapter 7 Bankruptcy Trustee's Manual is a valuable and needed addition to bankruptcy literature. Unlike most bankruptcy texts — which are about the Code — this is a book about bankruptcy practice and how to do it better." In the December 2010 supplement to the 3d edition of The Law of Secured Transactions Under the Uniform Commercial Code, by Barkley Clark and Barbara Clark, American Factoring Law is referred to as "The best single volume on factoring ... The authors are experts in the law of factoring, and the book treats the subject in great depth." The book has also been selected as a reference by the International Factors Group in Brussels, Belgium; Factors Chain International, in Amsterdam, The Netherlands; and the International Factoring Association, in Pismo Beach, California. The 2011 Supplement to American Factoring Law, featuring new and updated material of interest to factors, their clients, and those who deal with them, was published by BNA Books in April 2011. Writing in the American Bankruptcy Institute Journal, Mary H. Rose (Buchalter Nemer PC; Los Angeles) hailed the book as "a must-have for your law library, and possibly for your own office bookcase." The 2013 Cumulative Supplement was published by Bloomberg/BNA in December 2013.
Mr. Tatge's articles on Chapters 11 and 7 and on tax matters have appeared in Bankruptcy Court Decisions' Weekly News & Comment, Bankruptcy Litigation, The Commercial Law Journal, and The Journal of Taxation and Tax Notes. The Tenth Circuit Court of Appeals cited his article, "Preparing for Excess Asset Reversions On Termination of Defined Benefit Plans, 63 J. of Taxation 20 (1985)," in Holland v. Valhi, Inc., 22 F.3d 968 (10th Cir. 1994).
Mr. Tatge has also taught bankruptcy as an Adjunct Professor at both George Washington University Law School and George Mason University Law School.
Qualified as a Certified Public Accountant in Maryland (1979, now inactive), Mr. Tatge was formerly a Tax Manager in the Washington, DC, office of Price Waterhouse, where his practice focused on commercial business entities, including insurance companies. He subsequently served as Tax Counsel for a private media holding company with assets of over $500 million, and as the 1986 Vice-Chairman of the Media Tax Group of the Tax Executives Institute.
- The George Washington University Law School (J.D., 1986)
- cum laude
- American University (M.S., 1982)
- in Taxation
- College of William and Mary (B.S.B.A., 1978)
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court, District of Maryland
- U.S. Tax Court
- District of Columbia
- American Bankruptcy Institute
- American Bar Association, Business Law Section
- American College of Commercial Finance Lawyers, Fellow
- American Health Lawyers Association
- J. Edgar Murdoch American Inn of Court, Master of the Bench
- Walter Chandler American Inn of Court, Master of the Bench