David M.
Kerth
- Position
- Partner
- Office
- Baton Rouge
David Kerth is a partner in the Litigation Practice Group, where he focuses his practice on creditors’ rights, commercial real estate finance disputes, CMBS related enforcement and workout matters, and commercial lease litigation.
David represents financial institutions, commercial mortgage-backed securities (CMBS) special and master servicers, trustees, noteholders, and other secured creditors in complex commercial real estate and commercial finance disputes throughout Louisiana. His practice is heavily focused on loan enforcement and workout litigation involving distressed assets. David regularly handles matters arising from CMBS and other structured finance transactions, including mortgage loan defaults, guarantor liability disputes, foreclosure and executory process proceedings, bankruptcy related litigation, and enforcement of lender remedies. He has extensive experience navigating commercial foreclosures, deficiency claims, receiverships, and contested bankruptcy proceedings involving retail, office, industrial, and mixed use properties.
In addition to his finance litigation work, David routinely represents commercial landlords in lease related disputes, including enforcement actions, tenant defaults, and issues impacting collateral value — an important and recurring component of his practice. He also advises lenders and servicers on prelitigation strategy, loan workouts, restructurings, and risk mitigation, developing practical solutions designed to protect collateral value and maximize recoveries.
David has litigated matters in state and federal trial and appellate courts across Louisiana, including all US district courts in the state. He frequently speaks and writes on topics affecting commercial real estate finance and creditor enforcement, including Louisiana foreclosure procedures, executory process, and landlord tenant issues impacting secured lenders.
