Bankruptcy Litigation

We represent clients in every phase of bankruptcy proceedings.

We routinely represent creditors in Chapter 7, 11, 12, and 13 cases, and have an active practice in all the federal districts in North Carolina.  One of our Creditors' Rights attorneys 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.  

Ward and Smith's bankruptcy practice has earned national recognition from Chambers USA for its significant capabilities in the full range of bankruptcy matters, including workouts, restructurings, and litigation.

Representative Bankruptcy Litigation Experience:

  • 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 defrauded creditor preventing debtors from obtaining bankruptcy discharge
  • Representation of clients in defending complex preference and fraudulent transfer claims
  • Representation of an agricultural supplier in connection with the attempted workout of $8 million in troubled credit and the eventual Chapter 11 bankruptcy of a large farming operation
  • Representation of a grain dealer in defense of bankruptcy preference litigation in the bankruptcy case of another grain dealer
  • Assisted client in Chapter 11 reorganization and 363 sale of lumber mill operation
  • Recovered more than $10 million in tax refunds owed to failed banks for the benefit of Federal deposit insurance agency
  • Obtained dismissal of complaint filed against client by bankruptcy trustee seeking to recoup in excess of $5 million from client
  • Representation of lender in defending fraudulent transfer action brought by Chapter 7 bankruptcy trustee
  • Representation of creditor in Chapter 11 bankruptcy proceedings of luxury yacht builder

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.  Our goal is to assist you through every step of the bankruptcy process.

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

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