Foreclosure Warning: Property Possessed but Not Owned by a Debtor May Be Subject to the Automatic Stay
November 2, 2022
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Lance P. Martin
North Carolina Board Certified Specialist in Business Bankruptcy Law
Lance represents creditors in bankruptcy, collections, foreclosures, Uniform Commercial Code security agreement enforcement, and structured liquidations and workouts. He also represents clients in drafting and negotiating a wide variety of contracts, loans, and workout agreements.
Lance is certified by the American Board of Certification and the North Carolina State Bar as a Board Certified Specialist in Business Bankruptcy Law. He litigates at all levels of state and federal court, with an emphasis on commercial and corporate fraud, fraudulent transfers, unfair and deceptive trade practices, floor-plan financing, lender liability, factoring, and lease arrangements. He also serves as a Chapter 11 Subchapter V Trustee for the United States Bankruptcy Court for the Western District of North Carolina.
Education
- J.D., magna cum laude, Tulane University Law School, 1995. Order of the Coif.
- B.S., summa cum laude, Spring Hill College, 1992
Representative Experience
- Assisted client in Chapter 11 reorganization and 363 sale of lumber mill operation
- Assisted client in recovery efforts related to fraudulent activity in factoring relationship
- Assisted client in placing hotel under receivership and then selling hotel operations
- Assisted client in the sale and assignment of loan documents, negotiable instruments, and commercial paper
- Assisted client in defense of lender liability claims based on negligence, breach of contract, breach of fiduciary duty, RICO, and the Unfair and Deceptive Trade Practices Act
- Assisted client in recovery of embezzled funds through money-tracing and setting aside of multiple fraudulent transfers
- Assisted client in foreclosure and sale of trailer-park operations in multiple counties
Honors and Distinctions*
- "Lawyer of the Year," The Best Lawyers in America, 2023
- The Best Lawyers in America, Best Lawyers®, 2015-2023
- "Super Lawyer," North Carolina Super Lawyers, 2015-2022
- "Legal Elite," Business North Carolina, Bankruptcy, 2013, 2016, 2018,2021
- 2019 North Carolina Pro Bono Honor Society
- "Go To Thought Leader," National Law Review, 2019
- NC Attorney Pro Bono Honor Society Inductee, NC Pro Bono Resource Center, 2020, 2019
Professional and Community Affiliations
- American Bankruptcy Institute
- Harry C. Martin American Inn of Court
- North Carolina Bar Association — Section: Bankruptcy, CLE Committee Co-Chair
- North Carolina Bankruptcy Council
-
Turnaround Management Association
Admitted to Practice
- North Carolina, 2000
- Tennessee, 2005
- Louisiana, 1995
- All state courts in North Carolina, Louisiana, and Tennessee
- Eastern Band of the Cherokee Nation
- Chapter 11 Subchapter V Trustee for the United States Bankruptcy Court for the Western District of North Carolina
- United States Bankruptcy Court and District Court for the Eastern, Middle, and Western Districts of North Carolina
- United States Court of Appeals for the Fourth and Fifth Circuits
- United States District Court for the Eastern, Middle, and Western Districts of Louisiana
* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.
