Bankruptcy and Creditors’ Rights
The general practice of Watkins Ludlam Winter & Stennis, P.A. includes extensive representation of local, regional, national, and international companies in a full range of bankruptcy matters and creditors' rights. The Firm's Bankruptcy and Creditors' Rights Group represents the interests of creditors, bankruptcy trustees and other non-debtor parties in bankruptcy court and other forums.
Business Bankruptcy
Cases Group members routinely represent domestic and foreign banks and lending organizations, domestic and foreign mortgage companies, reclamation claimants and landlords in bankruptcy cases, and have also handled specialized matters for franchisors, patent holders, public bodies, cooperatives, indenture trustees and bankruptcy trustees. The Group's attorneys have extensive experience in complex Chapter 11 reorganizations, as well as reorganizations under Chapter 12, and liquidations under both Chapters 7 and 11.
Our business bankruptcy practice includes all aspects of representing creditors in bankruptcy cases, including filing and litigating, if necessary, motions for relief from the automatic stay, motions relating to the assumption or rejection of executory contracts and unexpired leases, proofs of claim (including lease rejection claims), adversary proceedings relating to bankruptcy discharge and debt dischargeability, preference and fraudulent transfer actions and plan confirmation issues.
Consumer Bankruptcy Cases
In addition to offering representation to clients involved in commercial bankruptcies, the Group offers its services to banks, automobile finance companies, and other organizations affected by consumer bankruptcy filings under Chapters 7 and 13. Group attorneys have extensive experience in filing motions to lift the automatic stay, objecting to confirmation, preparing reaffirmation agreements, and in all other aspects of the consumer bankruptcy process. Much of this work is performed by highly experienced legal assistants under the direct supervision of a Group attorney, in an effort to provide clients with cost-effective representation and quick turn-around on these time-sensitive matters. Attorneys in this group have developed an effective working relationship with most consumer debtors' attorneys in the state, and are able to reach expedited resolution of most cases at minimal cost to clients.
Creditors Rights
In addition to the bankruptcy practice, Group attorneys serve clients' needs in consumer and commercial creditors' rights matters statewide, in both state and federal courts. These attorneys regularly handle replevin actions, suits for deficiency judgments, insurance insolvency matters, enrollment of foreign judgments, state court receiverships, garnishments, judgment debtor examinations, commercial and residential evictions, and other collection matters. Group attorneys also handle defense of wrongful repossession actions, and other litigation involving the debtor-creditor relationship. Attorneys in this practice area are experienced in business workouts, reviewing and drafting documents in anticipation of a possible bankruptcy filing, and handling foreclosures for secured creditors. Members of this Group work closely with the Firm's real estate attorneys in handling judicial foreclosures, tax title litigation, and other matters necessitating expertise in both real estate and litigation.
