Find Lawyers in South Carolina, United States for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Practice Area Overview
While some bankruptcy lawyers represent insolvent individuals, many corporate bankruptcy lawyers represent debtors, creditors, and groups of creditors in bankruptcy cases. When representing debtors, the bankruptcy lawyer’s involvement typically starts long before a company actually commences a bankruptcy case by counseling the debtor concerning strategic options. These options run the spectrum, from gaining the protections afforded by commencing a reorganization case under chapter 11 (to implement an asset sale, a consensual plan of reorganization, or perhaps a contested “cramdown” plan), to negotiating an out-of-court workout. Creditor representations similarly require strategic analysis and skilled advocacy. The challenge facing creditors’ counsel is not merely competing with the debtor and its shareholders, but also competing against other creditor constituencies with differing agendas. After all, the restructuring objectives of a trade creditor, a bond holder, a labor union, a government agency, or a creditor that may be junior or senior in the capital structure likely will vary, potentially to a substantial degree, depending on the circumstances.
In today’s dynamic financial restructuring landscape, bankruptcy lawyers also must tackle a host of ancillary issues. For example, cross-border insolvencies continue to grow in number and intricacy as businesses expand globally into legal jurisdictions around the world. Likewise, the advent and growth of structured financial products and derivatives adds additional layers of complexity to the already complex mix of legal and business issues that bankruptcy lawyers routinely confront. In addition, the bankruptcy process continues to serve as a springboard for M&A opportunities presenting distressed investors with opportunities to acquire assets at attractive valuations in the marketplace.
Bankruptcy law provides ample, important restructuring opportunities to financially troubled businesses and has made bankruptcy an effective business tool, as evidenced by the number of large business enterprises increasingly seeking the protections and benefits that bankruptcy affords.
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Cities
Jody A. Bedenbaugh is a partner of Nelson Mullins Riley & Scarborough LLP who practices in Columbia in the areas of banking, creditors' rights, and bankruptcy. Mr. Bedenbaugh represents banks in connection with regulatory and compliance issues, vendor relationships and outsourcing, and transactional matters. He regularly serves as outside counsel to banks on a wide variety of matters relating to bank operations and its customer relationships, including issues relating to deposit accounts,...
Mary Caskey is a Certified Bankruptcy and Debtor-Creditor Law Specialist and leads Haynsworth Sinkler Boyd's Recovery practice group. Mary represents national and regional banks, loan servicers and other financial service providers in a variety of issues including foreclosures, collections, adversary proceedings, workouts and loss mitigation, judgment collection and alleged violations of state and federal consumer law.
Woody focuses his legal practice on a range of banking and commercial finance issues, with a concentration in Small Business Administration 7(A) and 504 lending. He also has worked extensively in work-outs, special assets litigation and debt restructuring. In addition to working to help close hundreds of SBA and SBA-related loans, Woody has represented two of South Carolina’s leading economic development lenders – Business Development Corporation and Certified Development Corporat...
Reid Dyer brings more than ten years of experience in advising creditors on practical solutions to a variety of bankruptcy and out-of-court restructuring issues. He also represents clients in a range of creditors’ rights matters in both state and federal courts. Reid’s practice focuses on representing banks, credit unions, financial entities, and other creditors in bankruptcy, restructuring, and workout matters, both in and out of court. In bankruptcy court, he represents creditor...
I am an attorney in Smith Debnam Narron Drake Saintsing & Myers, LLP Charleston office, where I focus my practice on bankruptcy and creditors’ rights. If there’s one word you can use to describe my approach to developing legal strategies it would have to be pragmatic. My clients benefit from a real-world understanding of financial issues backed by logical plans for resolving tough and complex fiscal situations. With a practice that spans nearly three decades, I have extensive ...
A member of the Management Committee and co-head of the Bankruptcy & Financial Restructuring group, Cynthia Lowery brings more than 30 years’ experience to her practice. She is a frequent speaker on creditor’s rights, and she brings her wide-ranging clients sophisticated counsel in collections and creditor’s rights, including bankruptcy, restructures, foreclosures, and execution of judgments. A South Carolina Supreme Court certified specialist in bankruptcy and debtor/cr...
Stan McGuffin routinely represents financial institutions in connection with commercial and consumer loan defaults as a shareholder in Haynsworth Sinkler Boyd's Columbia and Greenville offices. He also represents financial institutions in actions arising from operational issues such as interbank check and other item processing disputes, as well as lawsuits involving instruments bearing unauthorized signatures. Stan also regularly represents construction suppliers in connection with the enforc...
Bill practices primarily in the areas of corporate and commercial workouts, bankruptcy and real estate transactions. He is a Certified Specialist in Bankruptcy and Debtor-Creditor Law by the SC Supreme Court and primarily represents creditors and other parties in real estate development, asset-based financing and other commercial workout and bankruptcy matters. Because of his transactional, commercial finance and real estate background, he has extensive experience representing purchasers of a...
Kerk practices in the areas of residential and commercial real estate litigation and loan workouts. He has handled numerous commercial foreclosure cases including golf courses, stockyards, theaters, commercial office buildings, development tracts and hotels. He has successfully tried cases in the South Carolina Supreme Court on behalf of lenders and recently litigated the enforceability of arbitration agreements regarding consumer claims against the lender. His construction work has involved ...
David Wheeler brings more than 30 years of experience in guiding clients through debt recovery in loan workouts, bankruptcy, foreclosure, and collection in state and federal courts. A S.C. certified specialist in the area of debtor-creditor law, Dave has practiced in bankruptcy courts throughout the nation. He is familiar with all facets of the law necessary for the successful application of long-term strategies to maximize recoveries for his clients. Author and frequent lecturer on leading-e...
In a career spanning over thirty-five years of practice, Marshall Winn has had the rare opportunity to practice corporate, real estate, bankruptcy, tax, estate planning, and other areas of law at a high level, and in addition has been greatly respected as a trial lawyer with expertise in several substantive fields such as product liability, insurance coverage, bankruptcy, securities fraud, and antitrust, among others. The result: hundreds of clients with deals done, plans effected, trials won...
Jennifer is a dynamic, versatile litigator licensed in both South Carolina and Florida, with regular practice before state and federal courts. She is well versed in civil practice and procedure, and has a strong track record of developing business, maintaining client-relations, and achieving favorable results for clients. In addition to serving business clients in a litigation and advisory capacity, she has practiced in the areas of bankruptcy, personal injury, and complex litigation, includi...
Kathleen Muthig's practice focuses on commercial real estate, including development, financing, commercial leases and related real estate transactions. She also has experience representing creditors in state court and bankruptcy court litigation, including lenders, financial institutions, banks, credit unions and landlords.
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