Our creditors rights team represents a wide array of clients including national and regional banks, financial service institutions, purchasers of distressed assets, contractors, trade creditors, mechanic's lien claimants, manufacturers, equipment lessors, landlords, and tenants.
Our creditors’ rights team provides a full complement of services across the states of North Carolina and South Carolina to assist our clients in resolving their credit-related issues, including:
- Loan Workouts
- Forbearance Agreements
- Receiverships
- Foreclosures
- Mechanic’s Liens
- Bankruptcy Representation
- Lender Liability Defense
- Loan and Debt Collection
- Security Interests and Enforcement
- Construction Related Insolvency Issues
- Sales of Debt Instruments
Our Services
Bankruptcy Representation
We handle virtually every type of issue that arises in bankruptcy reorganization and liquidation cases under Chapter 7, Chapter 11, Chapter 13, and the new provisions of Subchapter V under Chapter 11. Our team provides the full spectrum of services to optimize treatment by the bankruptcy process.
Representative Services Include:
- Protection of cash collateral
- Motions for adequate protection and motions for relief from stay
- Filing proof of claims and litigation claim objections
- Negotiation of claim treatment and post-petition financing
- Contesting plan of reorganization confirmation and treatment
- Litigation of preference, fraudulent transfer, and lien avoidance actions
- Claims for setoff and reclamation
- Contesting discharge and chargeability
- Treatment of executory contracts and leases
- Litigation of claims in adversary proceedings
Construction Related Insolvency Issues
Our firm’s co-extensive experience as construction litigators allows our team to uniquely represent our clients at the crossroads of construction law and bankruptcy matters in construction projects with bankrupt contracting entities.
Representative Services Include:
- Owner and/or contractor project planning involving bankrupt contracting entities
- Project completion strategy including completion on budget and avoiding project delay
- Avoidance of claims and double payment to contracting entities
- Mechanic’s lien filing and litigation
- Prosecution of claims and construction litigation
- Filing proof of claims and litigating claim objections in bankruptcy
- Negotiation of claim treatment and bankruptcy plan treatment
- Contesting bankruptcy plan of reorganization confirmation and treatment
Creditors’ Rights Litigation
We are experienced litigators who represent clients in the state and federal courts of North Carolina and South Carolina. The breadth of our team’s capabilities allows us to represent our clients expediently, efficiently, and comprehensively.
Representative Services Include
- Prosecution of claims and commercial litigation
- Foreclosure and/or Article 9 sales of collateral
- guarantor litigation and guaranty enforcement
- Deficiency litigation
- State and Federal receiverships
- Defense of lender liability claims, including fraud, breach of contract, breach of fiduciary duty, and breach of good faith and fair dealing
- Enforcement of security agreements under UCC Article 9
- Commercial paper disputes under UCC Article 3
- Collection actions, including claim and delivery actions for personal property collateral, garnishment and attachments, and supplemental proceedings for post-judgment enforcement
- Title disputes
Loan Workouts and Restructuring
We regularly negotiate and draft loan restructures workouts and forbearance agreements for both commercial secured and unsecured loans. In the event a resolution cannot be achieved through the workout process, we pursue litigation and provide bankruptcy representation as needed to preserve collateral and maximize recovery.
Representative Services Include:
- Structuring transactions to minimize the impact of subsequent insolvency or bankruptcy and preservation of collateral
- Modification and restructuring agreements
- Forbearance agreements
- Security agreements, financing statements and perfection of security interests
- Acquisitions and sales of financially troubles entities
- Extensions of credit and sales to financially trouble entities
Our Team
Our team regularly meetings with our Financial Services, Construction, Commercial Real Estate, and Corporate legal teams to keep abreast of all issues that might affect the intricate and ever-changing area of creditors’ rights law. The leveraged experience of all these groups allows our team, and our firm, to offer a suite of services to our clients that are distinctive in scope, awareness, and thoroughness. Through our extensive knowledge and capabilities, we protect our clients’ interests throughout the state and federal courts of North Carolina and South Carolina.
If you have any questions for our Creditors’ Rights Attorneys, contact us here.
Please note that the above text does not constitute legal advice nor does it create an attorney-client relationship. Should you be in need of legal services regarding a particular matter, please reach out directly to one of our attorneys. Click here for our full website disclaimer.
