Bankruptcy and Creditor Rights
Redmon Peyton & Braswell attorneys have over eighty years of collective experience in handling virtually every aspect of a bankruptcy case, from the simple Chapter 7 consumer case to the complex Chapter 11 reorganization or liquidation. Our attorneys have represented consumer and business debtors, creditors, trustees, examiners, and creditors committees in large and small bankruptcy cases commenced in local bankruptcy courts (in the Eastern and Western Districts of Virginia and in the District of Columbia) as well as in bankruptcy courts filed in various jurisdictions around the United States. One of our attorneys is a Chapter 7 Trustee regularly assigned to administer cases in our local jurisdiction.
Our debtor clients have included single and married individuals, sole proprietorships, limited liability companies, corporations, and partnerships seeking relief under the liquidation provisions of Chapter 7 or the reorganization or controlled liquidation provisions of Chapter 11 of the Bankruptcy Code. Our attorneys have the experience to quickly identify whether a prospective client is eligible to file for relief under a particular Bankruptcy Code Chapter and they are equipped to properly evaluate whether and when it is advisable to do so, with reasonable consideration to all of the legal and practical consequences involved.
Our creditor clients have included individuals, corporations, and partnerships holding secured or unsecured claims in Chapter 7, 11 or 13 consumer or business cases. Our experience is diverse in these cases. We have represented banks seeking relief from the automatic stay to foreclose on consensual and nonconsensual liens securing property ranging from residential and commercial real estate to business collateral, including inventory, accounts receivable, furniture, fixtures and equipment. We have developed thorough familiarity with the rights that our secured creditor clients may have in a Chapter 11 case, including a debtor-in-possession’s use of cash collateral, and we are fully prepared to assist in protecting those rights. We have become intimately knowledgeable regarding the provisions of the Bankruptcy Code that protect the interests of landlords in individual and corporate cases where the debtor is a tenant under a lease of commercial property.
Beyond debtors and creditors, we have also represented individuals, limited liability companies, corporations, and partnerships interested in purchasing assets in a Chapter 7 or 11 consumer or business case. We are also equipped to handle litigation commenced against a prospective client in a case pending in the bankruptcy courts, including preference and fraudulent conveyance litigation initiated by a bankruptcy trustee or debtor-in-possession.
Outside of the restrictions and requirements of a bankruptcy case, our attorneys are equally skilled at negotiating forbearances and workouts on either side of a loan transaction, having represented lenders and borrowers in effectively reaching agreement to defer or resolve an existing loan obligation.
Our attorneys are eager to assist our clients in resolving any issue relating to bankruptcy and creditor rights.
Please Note: Results in a particular case depend upon a variety of factors unique to each case. Case results do not predict similar results in any future case. No attorney-client relationship is formed until you meet with us and agree to terms of the representation.