Christian & Small LLP
Suite 1800, Financial Center, 505 North 20th Street
Birmingham, AL 35203
Michael A. Vercher
A record number of business failures and high unemployment continue to plague the economy. The Administrative Office of the U.S. Courts reported a record number of individual and business bankruptcy filings in 2009 and 2010; this was the highest number of filings for any period since the Bankruptcy Abuse Prevention and Consumer Protection Act went into effect in 2005.
In this climate, many creditors assume they have no recourse when they receive a bankruptcy notice about one of their debtors. At Christian & Small, our lawyers strive to provide options to maximize a recovery ranging from the analysis of good faith filings, aggressive argument of first day motions, dealing with cash collateral issues, pursuing guarantors, challenging a debtor’s discharge where appropriate and maximizing value through court authorized asset sales.
The bankruptcy creditor and lender rights attorneys of Christian & Small regularly represent the rights of creditors, lenders, financial institutions, corporations, small businesses and individuals under applicable state and federal debtor/creditor laws. Our lawyers routinely appear before all ten bankruptcy judges in Alabama and have made special appearances in other states such as Delaware, Georgia, Florida and Mississippi. We assist clients with commercial collections, loan workouts, lender liability, insolvency matters, lien disputes and foreclosures. We routinely represent clients in litigation involving stay relief, preferences, lien avoidance, secured transactions, fraudulent transfers, setoff, breach of contract or warranty, accounts receivable, inventory financing and real estate matters, as well as trade secrets cases and disputes between businesses.
Many investors are finding money-making opportunities in insolvency and corporate decline. Experts have authored books and newsletters about bankruptcy investing. Hopeful investors comb 10Ks for signs of a company’s financial distress and precursors to default. Fund representatives seek prospective properties in bankruptcy filings. Bankruptcy rules require debtors and trustees to give notice of the sale of any assets, including distressed properties and real estate foreclosures, debt or equity securities. But who is looking out for the rights of the creditors and lenders involved in these complex deals?
The Birmingham bankruptcy restructuring and distressed investing attorneys of Christian & Small represent secured lenders, banks, and providers of commercial credit in distressed debt transactions. We have represented distressed debt investors and third-party purchasers of loans in workout situations. Our Birmingham bankruptcy lawyers understand the ins and outs of these sophisticated transactions, including deals with forbearance agreements and repayment plans involving multiple parties and forms of collateral.