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Bankruptcy

Bankruptcy


Overview

As the economy evolves, businesses must borrow capital, extend lines of credit, reorganize debt, buy or sell troubled assets, and recover extended credit. Smith Moore Leatherwood has a long-standing tradition of representing lenders, secured and unsecured creditors, landlords and crisis managers involved in bankruptcy proceedings, state receiverships, non-judicial workouts, foreclosure actions and personal property repossessions.

Transactions/Risk Management
The firm's extensive experience in negotiation and documentation of complex real estate and corporate finance transactions helps our clients form sound policies for risk management and litigation avoidance. Our Bankruptcy and Creditor Rights Team regularly advises clients about structuring secured and unsecured loan transactions,  mergers and acquisitions, inventory financing, commercial agreements with financially troubled companies, put agreements, liquidation of collateral, note sales and lender liability.

Litigation
While we advocate a proactive approach to risk management, we are well prepared should legal action become necessary. Smith Moore Leatherwood regularly represents secured and unsecured creditors, landlords and equipment lessors in all phases of litigation and bankruptcy proceedings including:
 

  • Pursuing claims
  • Defending claims
  • Automatic stay issues
  • Fraudulent conveyances
  • Lien avoidance actions
  • Preferential transfers
  • Guaranty litigation
  • Adversary proceedings
  • Claim and delivery
  • Insider guarantees

Our team counsels clients in all aspects of debtor-creditor relationships, workouts, restructurings, insolvency and corporate reorganizations, and litigation relating to these matters.

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DISCLAIMER

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.