Buist Moore Smythe McGee P.A., Charleston SC

Bankruptcy and Creditors' Rights



The firm represents debtors and creditors in loan workouts and debt restructuring, state and federal court litigation, and bankruptcy. On the creditor side, we typically represent institutional lenders, trusts, secured and unsecured creditors, developers, landlords, trustees, and committees.

Our attorneys assist clients in out-of-court financial workouts, reorganizations and liquidations. We are experienced in consumer and commercial foreclosures, claim and delivery (i.e., replevin) actions, and repossessions. We have represented mortgage lenders in the foreclosure of golf courses, hotels and motels, apartment complexes, office buildings, vessels, health and long-term care facilities, and manufacturing operations. We are experienced in both the prosecution and defense of lender liability actions.

We represent corporations and other business entities in insolvency proceedings, as well as equity owners in various types of corporate litigation, including breach of fiduciary duty cases, derivative actions, equitable subordination, minority shareholder protections, corporate governance disputes and business valuation cases. We also represent a number of real estate investment trusts (“REITs”) in various shopping center leasing matters, including evictions, collections and lease disputes.

In addition to representing secured and unsecured creditors in consumer and commercial bankruptcies, our attorneys represent creditors’ committees, debtors-in-possession, and bankruptcy trustees in liquidation and reorganization cases. We have served as South Carolina counsel in nation-wide bankruptcy proceedings, and as the chapter 11 trustee in a large commercial bankruptcy case. We routinely handle avoidance actions (such as bankruptcy preferences and fraudulent conveyances) both in bankruptcy court and the state and federal district courts. We have successfully brought involuntary bankruptcy proceedings. The firm also provides services to clients in the acquisition and disposition of assets in bankruptcy, and to lenders in providing debtor-in-possession credit facilities. Our practice group includes a certified specialist in bankruptcy and debtor-creditor law. Our attorneys represented the indenture trustee of over $600 million in senior subordinated debt in one of the largest bankruptcy cases in South Carolina history.




 
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