Secured and unsecured creditor representation in insolvency
The Firm has vast experience in all facets of representation of secured and unsecured lenders with respect to loan enforcement of troubled commercial loans, including Chapter 11s, receiverships, forbearance agreements, foreclosures, confirmation of foreclosures, suits against guarantors (and related fraudulent transfer litigation) and related valuation issues. Within Chapter 11, our experience includes stay and dismissal litigation, 363 sales (and lenders' rights with respect to credit bidding), dealings with creditors committees, plans of reorganization and liquidation, structured dismissals, defense of lien avoidance actions and all other aspects of secured creditor representation in bankruptcy. We also have significant experience in the defense of lender liability claims, whether asserted inside or outside of bankruptcy. In addition, we have routinely represented originating banks and participants in interbrain disputes
Representative Experience
- CB&T (Chapter 11 of Bill Heard Enterprises, Inc., et al. and related enforcement of guaranties)
- BOA/Sea Island Co. restructure
- Bank of Coweta (Fischer's Crossing Chapter 11)
- Bank of North Georgia (Southern Crescent receivership and Chapter 11)
- Wachovia (Chateau Carrolton Chapter 11)
- The Bank of Nashville (Sarmadi and Crutcher litigation)
- Fifth Third Bank (Oak View Plantation and Teel loans-forbearance and litigation, including potential receivership)
- Security Real Estate Services (Le Jardin Chapter 11 and related guaranty enforcement)
- Paint Horse and Sapp lender liability litigation and related loan enforcement
- United Community Bank (Atreus forbearance)
- BOA (AIG-Baker restructure)
- Wells Fargo (Daniel Miles Chapter 7)
- Bank of North Georgia (CMAC receivership)
- Bank of North Georgia (defense of Duke Galish lender liability litigation)
- Marshall Bank (Mustang Island Chapter 11)