Creditors Rights & Bankruptcy

Experienced
guidance

Overview

No matter the ups and downs of the economic cycle, our deep understanding of clients’ business needs enables us always to be nimble and flexible in restructuring debt for both creditors and debtors in large and small portfolios.

When faced with bankruptcy, businesses require innovative, yet practical, solutions in complex debt and lending relationships, with a detail-oriented and results-focused process of securing timely resolutions.

Turner Padget’s Creditors’ Rights and Bankruptcy Practice is composed of corporate and litigation attorneys who combine their skills to assist banking, financial servicers, lenders, and other creditors on hundreds of commercial and residential stressed and distressed loans, often involving assets worth millions of dollars.

Our clients include lenders, creditors and businesses of all sizes, as well as investors and individuals. Our advocacy begins by taking decisive and immediate action to realize upon and protect collateral from the contractual, possessory, tax and lien perspectives. We manage the existing debt relationship and devise informed, alternative solutions that get to the core of clients’ business needs rather than simply pursuing foreclosure and judgment.

Our legal services to our clients in this area include:

  • Asset protection and recovery
  • Bankruptcies under Chapters 7, 9, 11, 12 and 13 of the U.S. Bankruptcy Code
  • Commercial and consumer foreclosures
  • Loan modification, renegotiation and restructuring
  • Claim and delivery (replevin) repossessions
  • Collections
  • Consumer Financial Protection Bureau regulations
  • Lender liability defense
  • Fair Credit Reporting Act
  • Fair Debt Collection Practices Act
  • Managed liquidation
  • South Carolina Consumer Protection Code
  • South Carolina Unfair Trade Practices Act
  • Uniform Commercial Code
  • Receiverships

Experience

  • Obtained relief from an automatic stay in a $397 million Chapter 11 bankruptcy matter contested by the trustee and debtor.
  • Successfully litigated numerous contested consumer and commercial foreclosure matters throughout South Carolina, including the representation of an SBA-backed lender in a matter involving lender liability issues.
  • Secured a dismissal of a Chapter 11 bankruptcy case, In Re: Ashley Oaks Development Corporation, 458 B.R. 280 (Bankr.S.C. 2011), over the objections of the debtor and a motion by the United States Trustee to convert the matter to a Chapter 7 case.
  • Protected and managed assets securing in excess of $2 million in debt in a Chapter 12 bankruptcy case that was filed three times over a two-year period.
  • Represented a secured creditor in a series of related Chapter 7 bankruptcies involving hundreds of out of state timeshare interests. 
  • Served as special counsel to a national lender that was providing $7.5 million in financing necessary to support a manufacturer exiting from bankruptcy and to supply funding for ongoing working capital needs.
  • Obtained summary judgment in bankruptcy court on behalf of a creditor who sought to pierce the corporate veil of the debtor defendant.
  • Obtained summary judgment for a creditor in a suit brought by a shareholder. The original judgment was affirmed by the South Carolina Court of Appeals.
  • Negotiated and restructured hundreds of distressed commercial loans on behalf of multiple lenders and financial servicers 

Attorneys

offices