Creditors may assume they have little recourse when they receive a bankruptcy notice about one of their debtors. Our bankruptcy attorneys provide options to maximize a recovery ranging from the analysis of good faith filings, aggressive argument of first-day motions, cash collateral issues, pursuing guarantors, challenging a debtor’s discharge where appropriate, and maximizing value through court-authorized asset sales.
Our bankruptcy attorneys represent the rights of creditors, lenders, financial institutions, corporations, businesses, and individuals under applicable state and federal debtor/creditor laws. We regularly appear before bankruptcy judges across the Southeast and have made special appearances in courts around the country assisting clients with commercial collections, loan workouts, lender liability, insolvency matters, lien disputes and foreclosures.
Our attorneys hold leadership positions and are active in industry-related organizations including:
- American Bankruptcy Institute
- Southeastern Bankruptcy Law Institute
- Turnaround Management Association
- Alabama Bankers Association
In addition, our bankruptcy attorneys are recognized by their industry peers and are consistently ranked and listed in:
- Chambers USA
- Super Lawyers
- Best Lawyers
- Benchmark Litigation
- Successfully represented Mission Coal Company, LLC and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the Northern District of Alabama.
- Counsel to the official committee of unsecured creditors of Walter Energy, Inc., and its affiliates in the United States Bankruptcy Court for the Northern District of Alabama.
- Counsel for the creditor-appellant in Blue Bell Creameries, Inc. v. William Kaye, Trustee.
- Counsel for respondent BankChampaign, N.A., in the U.S. Supreme Court.
- Lead counsel for the largest unsecured creditor of a nearly 100-year old shipyard in the commencement of a contested involuntary bankruptcy. Forced a sale of corporate assets, obtain an allowed claim in excess of $40 million and negotiate favorable concessions that resulted in the confirmation of a consensual plan.
- The firm served as part of the litigation team that represented the bankruptcy trustee of Just for Feet. Christian & Small was a principal part of the team that successfully resolved the case on terms reported nationally in the Wall Street Journal.
While bankruptcy rules require debtors and trustees to give notice of the sale of any assets – who protects the rights of the creditors and lenders involved in these complex deals?
The restructuring and distressed investing attorneys of Christian & Small represent secured lenders, banks, and providers of commercial credit in distressed debt transactions. We have represented distressed debt investors and third-party purchasers of loans in workout situations. We understand the ins and outs of these sophisticated transactions including deals with forbearance agreements and repayment plans involving multiple parties and forms of collateral.