South Carolina Bankruptcy Lawyer
South Carolina Bankruptcy Lawyer
The South Carolina bankruptcy lawyers of Smith Debnam have a long history of representing lenders, creditors, and Chapter 11 creditors’ committees in South Carolina as well as in the Eastern, Middle, and Western Districts of North Carolina. Our attorneys regularly represent creditor clients regarding bankruptcy litigation claims and preference defense. Whether handling workouts or litigation, our bankruptcy attorneys provide experienced advocacy.
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At Smith Debnam, we take the time to fully understand every client’s unique situation and work to resolve issues as expediently as possible at competitive fees. Our South Carolina bankruptcy attorneys assist clients with strategy and negotiation, which can avoid potential bankruptcy filing through a constructive workout solution. We aggressively pursue favorable outcomes and are committed to reaching practical and economical solutions for our clients. Our South Carolina bankruptcy lawyers help all types of companies through matters of commercial insolvency:
Creditor Representation in Bankruptcy, Reorganization, and Workouts
A record number of business failures continue to plague our economy. In such a climate, creditors need to know that they have avenues for recourse and a team of effective advocates when they learn of the financial insolvency or bankruptcy filing of one of their debtors. At Smith Debnam, our lawyers can assist clients at every stage of an insolvency-related issue. Smith Debnam has built a reputation for developing innovative and insightful solutions in response to economic challenges and for providing options to maximize recovery for our clients.
Commercial Bankruptcy Attorneys with Experience in Collections
Combined with experience in several related areas of Creditors’ Rights law, the South Carolina bankruptcy attorneys of Smith Debnam deliver powerful results. We are equally equipped to handle everything from routine commercial and consumer collections to representing creditors’ committees in complex Chapter 11 bankruptcy cases. Our in-house team provides statewide service throughout South Carolina for many of our clients. We have also developed an extensive nationwide network of qualified bankruptcy lawyers to assist with cases across the country.
Consult with a Locally Trusted South Carolina Bankruptcy Attorney
At Smith Debnam, we assist clients with financial reorganizations and restructurings. Consult with one of our bankruptcy attorneys and receive high-quality legal services in a cost-efficient and individualized manner.
Client Focused South Carolina Bankruptcy Lawyers
As accomplished commercial bankruptcy lawyers, we believe that effectively finding solutions to our clients’ legal issues begins with a true understanding of our clients themselves. Our South Carolina bankruptcy attorneys learn all they can about each client’s unique situation to create the most equitable solutions possible.
A South Carolina Bankruptcy Team Committed to Excellence
Our mission at Smith Debnam is to provide quality, personalized legal services throughout South Carolina. We strive to provide excellence in everything we do.
Our South Carolina bankruptcy attorneys are qualified and highly skilled in their areas of practice. Always treating each client with respect, our team of attorneys has maintained a reputation as honest and effective commercial bankruptcy lawyers.
Learn More About Our South Carolina Commercial Bankruptcy Lawyer Professionals.
Our Legal Team
Our highly experienced attorneys routinely represent the rights of local, regional and national secured and unsecured creditors, lenders, trade creditors, equipment financing entities and lessors, financial institutions, manufacturers, commercial landlords, title insurance companies, corporations, small businesses and individuals in state and federal court. Our lawyers possess extensive commercial litigation experience and regularly advocate on behalf of our clients in state court and in all federal district and bankruptcy courts in North Carolina and South Carolina, and have made special appearances in federal district and bankruptcy courts in other states such as Florida, Delaware, Mississippi, Louisiana, Kentucky, West Virginia, and Georgia.
Our Experience
Pre-Default Advice and Counseling
Smith Debnam’s team of attorneys routinely provides ongoing preventive counseling to institutional clients in order to assist them in implementing effective credit procedures and in drafting documentation and structuring transactions that will minimize the impact of subsequent insolvency or bankruptcy in order to protect collateral and other secured interests.
Workouts and Loan Restructuring
Smith Debnam’s extensive experience in Chapter 11 and other litigation matters has resulted in the recognition that a negotiated resolution may often be in our clients’ best interests. To that end, outside of the bankruptcy arena, Smith Debnam’s attorneys regularly represent creditors in loan restructuring, workouts, and negotiation of forbearance or other restructuring arrangements. We are experienced in negotiating commercial secured and unsecured loans, as well as real estate secured financing. Our areas of capabilities include:
- Provision of default notices
- Acceleration and enforcement of loan documents against real and/or personal property in both state court and bankruptcy court on behalf of lenders
- Pursuit of guarantors of commercial secured and unsecured loans
- Modification and restructuring of credit arrangements
- Negotiation and documentation of loan forbearance, restructuring and extension agreements
- Negotiation of intercreditor and subordination agreements
- Acquisition and sale of financially troubled entities
- Extensions of credit and sales to financially troubled entities
- Creditor representation in state court receivership matters
Bankruptcy Creditor Representation
Our team of bankruptcy creditor professionals has extensive experience representing clients in bankruptcy court and assisting them in obtaining repayment of debt and recovery of collateral. Our attorneys routinely navigate through complex Chapter 11 corporate bankruptcies on behalf of our clients who may hold a blanket lien on all of the debtor’s collateral or hold liens or mortgages on specific equipment, property or other collateral. Our attorneys have handled virtually every type of issue that arises in bankruptcy liquidation and reorganization cases arising under Chapter 7, 11, 12 and 13 of the Bankruptcy Code, including:
- Negotiation of post-petition financing arrangements
- Contesting financing arrangements and plan confirmations that do not adequately protect our clients’ interests
- Protecting the interests, rights, and collateral of creditors, including the filing of proofs of claim and defending against objections to our clients’ claims
- Analysis of filings to ascertain whether they are proposed in good faith
- Defending against attempts to “cramdown” the secured value of our clients’ collateral
- Drafting, negotiating, and filing reaffirmation agreements
- Argument of first day motions
- Protection of cash collateral
- Maximizing value through court-authorized asset sales
- Obtaining orders for adequate protection or relief from the automatic stay
- Enforcement and protection of executory contracts and leases
- Bankruptcy-related litigation and adversary proceedings, including defense against preference, fraudulent transfer, and other avoidance actions
- Appeals of bankruptcy court decisions to federal district court
- Setoff and reclamation claims
- Claims for statutory or equitable subordination
- Challenging a debtor’s discharge or the dischargeability of a claim
- Representation of official committees of unsecured creditors in Chapter 11 bankruptcies
- Representation of financial institutions and creditors in claims arising from distressed credit situations or counterclaims brought by debtors alleging impropriety or breach of fiduciary duties in performance and enforcement of loan obligations
- Representation of creditors seeking to place an insolvent debtor into involuntary bankruptcy