Bankruptcies are seldom within the creditor’s control and pose a risk to financial institutions of all shapes and sizes. Smith Debnam’s versatile and experienced bankruptcy team is equally adept at representing creditors in both consumer and commercial matters across all Chapters of the Bankruptcy Code. In addition, Smith Debnam has built a reputation for developing innovative and insightful solutions to maximize recovery for creditor clients while mitigating loss.
Our clients include:
Our commercial bankruptcy team is prepared to handle matters throughout the commercial bankruptcy life cycle, including arguing first-day motions, negotiating cash collateral treatment, seeking relief from the automatic stay, compelling assumption, or rejection of executory contracts, negotiating plan treatment, and objecting to confirmation.
Commercial Creditor Bankruptcy Representation
Workouts and Loan Restructuring
Smith Debnam’s bankruptcy attorneys apply their collective breadth of experience, coupled with an understanding of the creditor’s sense of urgency and practical local knowledge, to provide quality statewide representation to a wide variety of consumer creditor clients in all North and South Carolina Bankruptcy Courts.
Consumer Creditor Bankruptcy Representation
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Members of our team have defended numerous avoidance actions on behalf of the agrifinance industry.
In a Chapter 11 involving a large and protracted four-county farming operation, members of our team successfully represented the primary ag input lender, whose claim exceeded $2 million dollars, assisting it in negotiating cash collateral and plan treatment.
In litigation related to a large farming Chapter 11, members of our team successfully recovered over a half-million dollars in crop proceeds which were fraudulently conveyed to third parties.
In the Chapter 11 of a small restaurant chain, the firm represented the SBA lender whose claim exceeded $1 million dollars with respect to cash collateral and plan treatment.
In the liquidating Chapter 11 of a fitness gym chain, the firm served as counsel to a large national bank in securing turnover of its leased gym equipment.
In the Chapter 11 of a multistate builder, the firm served as counsel to a national building supply company in the defense of preference and fraudulent transfer claims.
In the Chapter 11 liquidation of a paper manufacturing company, the firm represented a secured creditor bank regarding a number of related adversary proceedings.
In a single asset real estate Chapter 11, members of our team represented a bank lender with a claim exceeding $800,000 regarding the negotiation of cash collateral, adequate protection, and plan confirmation.
In multiple Chapter 11s involving golf courses, the firm as served as counsel to the financing company or lessor of the golf course equipment with respect to its leases, stay relief, and plan treatment.
Members of our team served as counsel for the Official Committee of Unsecured Creditors with respect to a resort property’s Chapter 11.
In the Chapter 11 of a large medical practice, the firm served as counsel to a large national software company with respect to its executory contracts.
In the liquidating Chapter 11 of a hospital system, the firm served as counsel to a large national software company regarding the rejection of its executory contracts.
Members of our team served as counsel for the trustee in the Chapter 7 of a condominium development in prosecuting avoidance actions and negotiating the sale of the property at a section 363 sale.
Members of our team successfully defended an investment brokerage firm regarding an avoidance action by the trustee.
Is it a violation of the automatic stay for a competitor of a Chapter 11 Debtor to target the Debtor’s customers using false… Read More
Section 362(k) of the U.S. Bankruptcy Code entitles an individual injured by a willful violation of the automatic stay to recover actual damages,… Read More
The U.S. Bankruptcy Court for the Eastern District of North Carolina recently rejected a debtor’s argument that the 2017 Amendments to Rules 3012… Read More
In a recent case from the Bankruptcy Court for the District of South Carolina, Defeo v. Winyah Surgical Specialists, P.A., AP No. 21-80011… Read More
United States Bankruptcy Judge John E. Waites approved a sale of substantially all the assets of a small business Chapter 11 Debtor over… Read More
Enterprising lawyers for debtors in Ch. 13 bankruptcies have now discovered a clever new way to inflict a $500 sting on lazy lenders… Read More
Should a company in Bankruptcy be eligible for a PPP Loan? A Texas Bankruptcy Judge says, “Yes.” Bankruptcy Judge David R. Jones from… Read More
A recent case from the Bankruptcy Court for the District of South Carolina holds that filing a case “addressing residual business debt” is… Read More
Although electronic signatures have maintained an “equivalent to paper signature” status in North Carolina since 1998, their current use in commerce has remained… Read More
For those following the proof of claims on time-barred debt issue, below is a link to the article attorney Caren D. Enloe wrote for… Read More
In North Carolina, there are two ways for a creditor to seek enforcement of a foreign judgment. One way is by… Read More
Bankruptcies in the retail space are prevalent these days. Some of the more recent and prominent bankruptcies are Pacific Sunwear, Sports Authority, American… Read More
Contracts are just agreements, typically in writing. Contracts keep the business world humming along like a well-oiled machine. Unless one party seeks help,… Read More
The North Carolina Creditors Bar Association (“NCCBA”) is a specialty bar association that provides support to attorneys… Read More
A federal court has denied a lender’s motion to dismiss, holding that a lender may be held vicariously liable for its servicer’s violation… Read More
Someone owes you money. They don’t pay. You take them to court. You win your case! You think, “Great! We’ve reached the end. Victory!”… Read More
The North Carolina Senate has introduced a bill that will create a private right of action for inaccurate credit reporting. Senate Bill 357… Read More
It’s rarely good news when your customer files a Chapter 11 bankruptcy. However, when it happens, you can prevent a bad situation from… Read More
It is difficult to pick up a newspaper anywhere in the United States and not find an article on the economy, the downturn… Read More
There is a tradition in the law that things are not always as they seem. We think of liens as simply “which came… Read More
Recently, there has been a great deal of discussion about bankruptcy abuses and a new law designed to curb them. The Bankruptcy Abuse… Read More
You have worked diligently to fully lease your commercial property–the leases have been signed, the tenants have moved in, and the rent is… Read More
