Commercial Creditor Bankruptcy Attorneys in Raleigh, NC and Charleston, SC

Overview

A record number of business failures continue to plague our economy. In such a climate, creditors need to know that they have avenues for recourse and a team of effective advocates when they learn of the financial insolvency or bankruptcy filing of one of their debtors. At Smith Debnam, our lawyers can provide a complete scope of legal capabilities to assist clients at every stage of an insolvency-related issue. Smith Debnam has built a reputation for developing innovative and insightful solutions in response to economic challenges and providing options to maximize recovery for our clients.

We can help you with:

Pre-Default Advice and Counseling
Workouts and Loan Restructuring
Bankruptcy Creditor Representation

Testimonials

“Smith Debnam is comprised of attorneys of excellent legal talent. Work is performed both expertly and timely. This firm is able to address a wide variety of legal services.”
– Mike Z.

Services

Pre-Default Advice and Counseling

Workouts and Loan Restructuring

Provision of default notices
Acceleration and enforcement of loan documents against real and/or personal property in both state court and bankruptcy court on behalf of lenders
Pursuit of guarantors of commercial secured and unsecured loans
Modification and restructuring of credit arrangements
Negotiation and documentation of loan forbearance, restructuring and extension agreements
Negotiation of intercreditor and subordination agreements
Acquisition and sale of financially troubled entities
Extensions of credit and sales to financially troubled entities
Creditor representation in state court receivership matters

Bankruptcy Creditor Representation

Negotiation of post-petition financing arrangements
Contesting financing arrangements and plan confirmations that do not adequately protect our clients’ interests
Protecting the interests, rights, and collateral of creditors, including the filing of proofs of claim and defending against objections to our clients’ claims
Analysis of filings to ascertain whether they are proposed in good faith
Defending against attempts to “cramdown” the secured value of our clients’ collateral
Drafting, negotiating, and filing reaffirmation agreements
Argument of first day motions
Protection of cash collateral
Maximizing value through court-authorized asset sales
Obtaining orders for adequate protection or relief from the automatic stay
Enforcement and protection of executory contracts and leases
Bankruptcy-related litigation and adversary proceedings, including defense against preference, fraudulent transfer, and other avoidance actions
Appeals of bankruptcy court decisions to federal district court
Setoff and reclamation claims
Claims for statutory or equitable subordination
Challenging a debtor’s discharge or the dischargeability of a claim
Representation of official committees of unsecured creditors in Chapter 11 bankruptcies
Representation of financial institutions and creditors in claims arising from distressed credit situations or counterclaims brought by debtors alleging impropriety or breach of fiduciary duties in performance and enforcement of loan obligations
Representation of creditors seeking to place an insolvent debtor into involuntary bankruptcy