Creditors' Rights

With more than 10 attorneys practicing in offices located across the state, the Creditors' Rights Practice Group has the expertise, resources, and geographical reach to provide quality and cost-effective legal services to all types of creditors in all 100 counties of North Carolina.  We seek pragmatic solutions to our clients' problems, and we provide each client with customized representation.  We have the experience to assist clients in all stages of the creditor-debtor relationship.  In representing our clients, we can be as aggressive or conciliatory as the situation demands.  Whatever the case, we provide sound legal judgment and services to satisfy our clients' business objectives.

We are experienced in catering to the particularized needs of different creditors.  We represent national, regional, and local banks, commercial finance companies, equipment lessors, manufacturers, institutional lenders, loan servicers, factors, insurance companies, local governmental entities, landlords, trustees, and individuals.  Although we take pride in our results in complex matters, we also are proud of our ability to handle routine matters efficiently and economically.

We understand all the rights and remedies available to secured and unsecured creditors.  We handle foreclosures, collection actions, claim-and-delivery hearings, receiverships, reclamation actions, attachment proceedings, fraudulent transfer cases, money-laundering cases, and cases under the Uniform Commercial Code.  We represent clients in every phase of litigation, exercising prejudgment remedies, obtaining judgments, and using the post-judgment execution process to satisfy the judgment.  In fraud or embezzlement cases where defendants face the risk of criminal prosecution, we collaborate with local and state law enforcement officials.

We have a deep understanding of the bankruptcy process.  We represent clients in every phase of bankruptcy proceedings and we routinely represent creditors in Chapter 7, 11, 12, and 13 cases.  We have an active practice in all the federal districts in North Carolina.  One attorney is certified by the North Carolina State Bar and the American Board of Legal Specialization as a Board Certified Specialist in Business and Consumer Bankruptcy Law and another attorney is a Board Certified Specialist in Business Bankruptcy Law.  We can address all issues that arise in bankruptcy, such as bad-faith filings, protection of cash collateral, adequate protection, automatic stay relief, post-petition financing issues, contesting and negotiating reorganization plans, and adversary proceeding litigation.

Aside from litigation, we routinely assist clients in loan workouts.  When a lender suspects that its borrower is in danger of default, or when the borrower defaults on its obligations, we counsel our clients in the most effective methods of curing defective loan documentation or structuring a loan workout.  We also negotiate the restructuring of real estate and corporate transactions on behalf of our clients, with an eye to avoiding bankruptcy where possible.  We also draft all documentation necessary for a loan restructuring and workout, tailoring documents to place our clients in the most secure position possible.  In those situations where a client finds itself sued or threatened with suit by a borrower, we counsel and defend our clients against the plethora of lender liability claims under state and federal law.

We are your established legal network with offices in Asheville, Greenville, New Bern, Raleigh, and Wilmington, NC.