Attorney Profiles
John T. McGarvey 
Louisville, Kentucky
phone 502-560-6759
fax 502-560-6859
email jtm@morganandpottinger.com
Vcard

John T. McGarvey’s practice concentrates on secured transactions, municipal law, the representation of banks and other lenders in litigation, and matters under the Uniform Commercial Code. His legal accomplishments have been recognized by his election to the American Law Institute and inclusion in lists such as Best Lawyers in America, Super Lawyers, Top Lawyers and Preeminent Attorneys. Mr. McGarvey is a member of numerous
legal organizations, including multiple Uniform Commercial Code task forces and advisory committees. He is an adjunct secured transactions professor at the University of Kentucky College of Law, and has taught hundreds of seminars on legal issues involving financial institutions and credit extenders. Mr. McGarvey is a shareholder, chairperson of the firm’s Executive Committee and a member of the Marketing Committee.

More Than a Lawyer

Mr. McGarvey was a broadcast journalist before he entered the practice of law. His career in journalism spanned a wide array of positions, including that of anchor, reporter, legal commentator, political program host, and press secretary for Gov. Wendell Ford during his first campaign for the U.S. Senate. He worked with and co-anchored KET's election coverage in 1992 that received the Corporation for Public Broadcasting's highest award for local news. 

John and his wife Judy have been married for almost 40 years and are the parents of David, a career Air Force officer, Morgan, also an attorney with Morgan & Pottinger, PSC, and Sara, formerly a teacher in the Fayette County Kentucky School System and currently a graduate student in counseling at Wake Forest University.  The McGarvey family is the subject of a 2009 book published by National Geographic called AN AMERICAN FAMILY: Three Decades with the McGarveys.

Position:
Shareholder
Chair, Executive Committee
Areas of Practice:
Commercial Litigation
Uniform Commercial Code UCC
Loan Workouts
Equine Law
Banking and Finance
Bank Counsel
Collections & Subrogation
Bar Admissions:
Kentucky, 1973
U.S. District Court Eastern District of Kentucky
U.S. District Court Western District of Kentucky
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 11th Circuit
U.S. Supreme Court
Education:
University of Kentucky College of Law, Lexington, Kentucky, 1973
J.D.
Honors: Moot Court Board


University of Kentucky, Lexington, Kentucky, 1970
B.A.


University of Missouri, Columbia, Missouri


Published Works:
Banking and Commercial Litigation Newsletter, (Co-Editor), American Bar Association, 1991-1993


Civil Procedure Before Trial, (Contributing Author), 1989, 1998, 2008


Debtor/Creditor Relations in Kentucky, University of Kentucky College of Law, 1991, 2002


"Due Process & Punitive Damages in Kentucky", 59 Ky. Bench & Bar 2, 1995


"Kentucky's New Filing Requirements For Personal Property Liens", 63 Ky. Bench & Bar 1, 1999


"Revised Article 9 Takes Effect Across the Nation", Ky. Banker Magazine, July, 2001


"Perfecting and Protecting Security Interests in Agricultural Collateral", Ky. Banker Magazine, February, 2002


"Privacy, T.I.N.s and Revised Article 9", Ky. Banker Magazine, August, 2002


"Electronic Filing of Financing Statements", National Association of Retail Credit Attorneys Newsletter, 3rd Quarter, 2002


"Security Interests in Deposit Accounts", Ky. Banker Magazine, January, 2003


Caldwell's Kentucky Form Book, Unit 6 (Remedies), Unit 8 (Commercial Law), Matthew Bender & Co., 5th Edition, 2006


"Drop-Dead Date for Local Filings", (Co-Author), Ky. Banker Magazine, October, 2005


"Kentucky Highlands Investment Corporation v. Bank of Corbin, Inc." (Co-Author), Ky. Banker Magazine, December, 2005


"Perfection of Security Interests in All-Terrain Vehicles", Kentucky Bankers Association Compliance/Legal News, August, 2006


"Security Interests and ATVs: Part III", Ky. Banker Magazine, February, 2008


"Kentucky Adopts the Uniform Prudent Management of Institutional Funds Act", Kentucky Bench & Bar, September, 2010


Representative Cases:
MPM Financial Group, Inc. v. Morton, 289 S.W.3d 193 (Ky. 2009)
South Central Bank of Daviess County v. Lynnville Nat. Bank, 901 N.E.2d 576 (Ind. App. 2009)
UPS Capital Business Credit v. C.R. Cable Construction, Inc., 181 S.W.3d 44 (Ky.App. 2005)
Michelle P. v. Holsinger, 356 F.Supp. 763 (E.D.Ky. 2005)
Countrywide Home Loans v. Kentucky Bar Association, 113 S.W.3d 105 (Ky. 2003)
In re: Alabama Land and Mineral Corp., 292 F.3d 1319 (11th Cir 2002)
Duesner v. Firstar Corp., 186 F.Supp.2d 766 (W.D.Ky. 2001)
General Motors Acceptance Corp. v. Lincoln National Bank, 18 S.W.3d 337 (Ky. 2000)
Prestonia Area Neighborhood Ass’n v. Abramson, 797 S.W.2d 708 (Ky. 1990)
Classes/Seminars Taught:
Adjunct Professor, Secured Transactions, University of Kentucky College of Law, 2002 - Present


Recent Developments Under the UCC, Legal Issues for Financial Institutions, Unversity of Kentucky College of Law, 2007


Honors and Awards:
AV® Preeminent™


Leadership Kentucky, 2005


Best Lawyers in America 2011 in the practice area of Banking Law, 2010


Super Lawyers


Top Lawyers


American Law Institute (2010-Present)


Anchorage Civic Club, Citizen of the Year, 2008


FBI Citizens Academy,Board Member and Alumni Association Vice President, 2006


University of Kentucky College of Law Hall of Fame, 2011


Professional Associations and Memberships:
Louisville Bar Association


Kentucky Bar Association


American Bar Association, Business Law Section


American Bar Association
Uniform Commercial Code Committee


American Bar Association
Commercial Finance Services Committee


American Bar Association
Banking Law Committee


American Bar Association
Secured Transactions Subcommittee


American Bar Association
Loan Workouts Subcommittee


American Bar Association
Banking and Commercial Litigation Subcommittee


American Bar Association
Task Force on Deposit Account Control Agreements Subcommittee


American Bar Association
Consumer Financial Services Committee


American Bar Association
Personal Property Financing Subcommittee


American Bar Association, 2010
Co-chair,Article 9 Amendment Enactment Committee


American Bar Association
Task Force on Filing Office Rules


American Bar Association, 1991 - 1993
Co-editor,Banking and Commercial Litigation Newsletter


National Council of Commissioners on Uniform State Laws, 2006 - Present


National Council of Commissioners on Uniform State Laws, 2008 - 2010
Article 9 Joint Review Committee


Uniform Law Commission, Kentucky’s Legislative Liaison


Uniform Law Commission, Legislative Council
Southern Region Representative


The Conference on Consumer Finance


American Financial Services Association
Uniform Certificate of Title Act Drafting Committee Observer


Kentucky's Revised Article 9 Drafting Committee
Chair


Kentucky Study Commission on Uniform Commercial Code


American Bar Association, 1975 - 1978
Commercial Financial Services Committee


University of Kentucky College of Law
Dean Search Committee


Past Employment Positions:
City of Anchorage, City Attorney, 1987 - Present


City of Louisville, Assistant Law Director, 1978 - 1979


Kentucky Supreme Court, Special Justice, 1990 and 2008-2011 (author of opinions in Prestonia Area Neighborhood Assn. v. Abramson (Ky. 1990) and Miller v. Administrative Office of the Courts (Ky. 2011))


Pro Bono Activities:
Kentucky Educational Television, Election Commentator, 1979 - 2007
WHAS Radio, Legal Commentator, 1975 - 1978
WHAS-TV, Legal Commentator, 1979 - 1980
Greater Louisville, Inc., Energy Policy Committee, Chair, 2008
Greater Louisville, Inc., Public Policy Committee, 2007 - Present
Greater Louisville, Inc., Budget Task Force, 2010 - Present
Citizens for Better Judges, Attorney Steering Committee, 1992 - 1993
Anchorage Fire Protection District, Trustee, Secretary, 1982 - 1989
Jefferson County EMS Advisory Board, 1986 - 1987
Society of Professional Journalists, Louisville Chapter

Louisville Office

601 West Main Street
Louisville, KY 40202
Phone (502) 589-2780
Fax (502) 585-3498
E-mail

Lexington Office

133 West Short Street
Lexington, KY 40507
Phone (859) 253-1900
Fax (859) 255-2038
E-mail

Nashville Office

5543 Edmondson Pike, #25
Nashville, TN 37211
Phone (615) 452-4755
Fax (615) 831-9557
E-mail