Practice Areas: Bankruptcy & Creditors’ Rights

Overview

Difficult financial markets, waning resources and reduced spending are giving rise to the rate of bankruptcy filings.

About Our Practice

Many businesses are undergoing challenging financial times due to the deepening international financial crisis and the tightening credit market. Commercial bankruptcies have been on a steady ascent for several years, and the rate of commercial bankruptcy filings is not expected to decline any time soon. This is a critical time period when many businesses will perish without the expert guidance and skilled counsel of a trusted advisor.

The attorneys in the Bankruptcy & Creditors' Rights Practice Group at HBS are experienced in helping clients with a vast array of bankruptcy and business insolvency issues. We take an aggressive, expedient and effective approach to dealing with the defense and prosecution creditors and debtors. The deep knowledge and extensive litigation familiarity shared by each attorney within the practice have helped guide numerous clients through almost every type of issue which could arise in bankruptcy reorganization, restructuring, liquidation or workout agreements. Whether your organization is preparing for bankruptcy or involved in the various stages of bankruptcy proceedings, our attorneys can help bring about prompt and uncompromising resolution.

Our experience with bankruptcy and creditors' rights covers a wide variety of business issues. We have direct experience in the defense and prosecution of fraudulent transfers and conveyances and suits to recover fraudulent transfers, preference claims, deficiency claims, the enforcement of creditor's rights under loan and lease agreements as well as real estate and property foreclosure. Attorneys within the group are experienced in litigating suits to recover assets and support for all phases of reorganizations or sales of assets. We have the ability to help owners, landlords, and lessors with many contested matters and challenges at virtually all levels and courts.

HBS attorneys possess profound business and economics knowledge and are intimately familiar with banks and financial institutions involving lender liability, real estate matters, letters of credit, and general liability. HBS has extensive experience with the FDIC, former representation of the Resolution Trust Corporation, and has handled countless matters and has investigated and reviewed hundreds of transactions involving savings and loans and banks in North Carolina, South Carolina, and Georgia.

Our lawyers serve clients with expedient and aggressive capabilities to help ensure efficient recovery and promote an organization's recuperation and return to successful stability.