The Section 363 Sale Process: Buying Assets from a Bankrupt Company
August 30, 2017
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Paul A. Fanning
North Carolina Board Certified Specialist in Business and Consumer Bankruptcy Law
paf@wardandsmith.com
252.215.4027 252.215.4077
Post Office Box 8088, Greenville, NC 27835-8088
Post Office Box 33009, Raleigh, NC 27636-3009
Paul leads the Bankruptcy and Creditors' Rights practice group and is certified by the American Board of Certification and the North Carolina State Bar as a Board Certified Specialist in Business and Consumer Bankruptcy Law. His practice experience encompasses bankruptcy, collections, creditors' rights, and lender liability. He concentrates his practice in the representation of creditors in complex bankruptcy cases and state court litigation, including workouts, collections, receiverships, foreclosures, and reorganizations.
Paul has represented lenders, bankruptcy trustees, creditor committees, trade creditors, equipment manufacturers, community associations, and telecommunications companies in various reorganization proceedings, including commercial real estate, manufacturing, franchise restaurants, and wholesale and retail transactions. He has extensive experience in state court foreclosures and receiverships and other aspects of creditor-debtor litigation, including appellate advocacy.
Education
- J.D., Wake Forest School of Law, 1998
- B.A., The University of North Carolina at Asheville, 1993
Representative Experience
- Representation of secured lender through appointment of state court receiver for, and foreclosure against, hotel properties
- Representation of international farm equipment manufacturer in complex multistate franchisee bankruptcy case resulting in full recovery
- Representation of lead participant secured lender owed $15 million in contested foreclosure and sale of subdivision property containing three golf courses through bankruptcy
- Representation of lender through successful restructure and collateralization of $20 million loan through bankruptcy plan confirmation of brick manufacturer
- Representation of primary secured creditor in regional cigarette manufacturer bankruptcy including regulatory hurdles, cash collateral, asset sales and contested plan confirmation issues resulting in full recovery
- Representation of international air filter manufacturer in state business court litigation against secured lender reducing exposure by $20 million
- Representation of defrauded creditor preventing debtors from obtaining bankruptcy discharge
- Representation of clients in defending complex preference and fraudulent transfer claims
Honors and Distinctions*
- Chambers USA, Bankruptcy/Restructuring – North Carolina, 2019-2025
- The Best Lawyers in America, Best Lawyers®, 2011-2025
- "Legal Elite," Business North Carolina, Bankruptcy, 2006-2008, 2010-2020, 2022-2025
- "Super Lawyer," Creditor Debtor Rights, North Carolina Super Lawyers, 2009-2025
- "Top 100 Super Lawyers," Creditor Debtor Rights, North Carolina Super Lawyers, 2022-2025
- "Lawyer of the Year," Best Lawyers in America
- NC Attorney Pro Bono Honor Society Inductee, NC Pro Bono Resource Center, 2021, 2020
Professional and Community Affiliations
- American Board of Certification — Sections: Business Bankruptcy; Consumer Bankruptcy
- Boys & Girls Club of Pitt County, president 2008; board member 2005-2011
- Cal Ripken, Sr. Foundation, Board of Trustees, 2011-2012
- Eastern North Carolina Inn of Court
- Greenville-Pitt County Chamber of Commerce, Board of Directors, 2007-2009
- Kiwanis Club of University City, vice president, 2003-2004; board member, 2001-2004
- North Carolina Alliance of Boys & Girls Clubs, President 2014; secretary/treasurer 2011; board of directors 2007
- North Carolina Bar Association — Section: Bankruptcy, council member, 2005-2007
- North Carolina Creditors Bar Association
- Scouting America - East Carolina Council, Executive Board; Board Attorney, 2021-present
- UNC Asheville Alumni Association, Board of Directors, 2019-2025
- UNC Asheville Foundation Board, past Board Member
Admitted to Practice
- North Carolina, 1998
- All state courts in North Carolina
- United States Bankruptcy Court for the Eastern, Middle, and Western Districts of North Carolina
- United States Court of Appeals for the Fourth Circuit
- United States District Court for the Eastern, Middle, and Western Districts of North Carolina
- United States Supreme Court
About Me
What I admire most about my clients is their ability to solve complex problems that arise in litigation in creative and dynamic ways and often in ways that make them and their employers look good. The best thing about Ward and Smith is being part of, and contributing to, the family business. Hired out of law school, the Firm reared and mentored me to become a productive member of not just the Firm, but my community and the legal profession as well.
I became a lawyer because lawyers make real differences in people's lives. We are professional worriers. If we do our job right, we take the worry from the client and solve problems.
“Get action. Do things; be sane; don’t fritter away your time; create, act, take a place wherever you are and be somebody; get action.” — Theodore Roosevelt
* 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.
