Bankruptcy and Creditors' Rights
Christian & Barton regularly counsels banks, lenders, creditors and other interested parties in connection with bankruptcies, corporate restructuring and workouts, commercial collection matters, and receiverships in federal district and bankruptcy courts throughout the United States and in all Virginia state courts.
Bankruptcies
Christian & Barton routinely represents secured and unsecured creditors and other parties-in-interest, including Chapter 7 and Chapter 11 trustees, indenture trustees, official committees of unsecured creditors, DIP lenders, shareholders, former officers and directors, landlords, and avoidance defendants, among others, in bankruptcy cases under Chapter 11, Chapter 13, and Chapter 7 of the Bankruptcy Code throughout the country, including in the District of Delaware and the Southern District of New York.
We also represent parties-in-interest in bankruptcy proceedings in connection with claims prosecution, requests for relief from the automatic stay, adequate protection payments and collateral liquidation, negotiation of DIP financing, asset sales, structure of plans of reorganization, assumption and rejection of executory contracts, and defense of avoidance actions. Our lawyers regularly represent official committees of unsecured creditors in Chapter 11 bankruptcy cases. We also advise former shareholders, officers and directors in claims brought by bankruptcy estates for alleged breaches of their fiduciary duties. Our Bankruptcy and Creditors’ Rights team has prosecuted numerous involuntary bankruptcy petitions on behalf of petitioning creditors.
Workouts
On behalf of bank and other lender clients, our Bankruptcy and Creditors’ Rights lawyers also handle out-of-court workouts and financial restructuring transactions, including revolving asset based lines of credit and real estate term loans. Whenever possible Christian & Barton lawyers strive to craft solutions to the borrowers’ solvency problems without resorting to litigation or bankruptcy.
Commercial Litigation
Christian & Barton’s Bankruptcy and Creditors’ Rights lawyers also regularly represent lenders and other creditors in Courts throughout Virginia in nearly all types of creditors’ rights actions, including commercial collection matters, disputes under the Uniform Commercial Code, landlord/tenant matters, bank deposits and collections, bulk sales, construction and mechanics’ lien law, including actions under the Miller Act, seizures of collateral, attachments, injunctions, garnishments, and levies.
Receiverships
We counsel clients with respect to receivership proceedings under Virginia and federal law, and represent creditors and receivers appointed by state courts to oversee the restructuring and liquidation of real estate ventures and other businesses.