Creditor's Rights and Bankruptcy
Our attorneys have experience as creditors’ counsel in cases under all chapters of the Bankruptcy Code. We advise individuals, businesses, municipalities and lenders in litigation and transactions relating to bankruptcy, restructures, creditors’ rights, collections and pre-bankruptcy work-outs. We have also represented purchasers and sellers in sales arising out of bankruptcy, insolvency and liquidation proceedings.
In the litigation area, our attorneys represent clients in cases involving preference actions, fraudulent transfers, lien avoidance, dischargeabilty, secured creditors’ rights, lender liability, breach of contract and other creditors’ rights issues. We also represent lessors in proceedings involving lease issues and municipalities in cases involving adequate assurance of payment.
Representative matters include:
- Representation of the lead bank with credit facilities of more than $350 million extended to a cotton merchant who later became the debtor in the largest bankruptcy case at the time in Tennessee;
- Representation of trucking companies, freight brokers, warehousemen, manufacturers, suppliers and others in preference and avoidance actions;
- Representation of utilities in reorganization cases involving ongoing utility services and assurance of future payments;
- Representation of lessors with regard to the assumption or rejection of their leases;
- Representation of third parties subpoenaed by debtors to provide documents and testimony in complex Chapter 11 cases;
- Representation of a trust company in proceedings seeking to have a debtor’s bankruptcy case dismissed; and
- Representation of a money services firm in proceedings to deny the debtor a discharge in bankruptcy.