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Bankruptcy & Creditors Rights

HunterMaclean regularly represents financial institutions, lessors, trade creditors and other businesses in loan workouts, collections and foreclosures, bankruptcy proceedings and non-bankruptcy business restructurings. Our experienced attorneys provide our clients with attentive and cost-effective representation designed to maximize creditor outcomes in liquidation and reorganization proceedings.  We know the value of a prompt negotiated resolution and of resolving disputes while preserving business relationships.  We are also prepared to litigate aggressively when litigation becomes necessary to protect a client's position or accomplish a client's objectives. 

Because bankruptcy matters so often involve other legal issues, our group draws upon HunterMaclean's extensive resources in business litigation, alternative dispute resolution, commercial transactions, real estate law and tax law.

Representative Engagements

  • Counsel to largest trade creditor and chairperson of Official Committee of Unsecured Creditors in Chapter 11 case of specialty food ingredient manufacturer.
  • Representation of a national lender as secured creditor in numerous workouts and bankruptcy matters including workouts of SBA loans and a large retail store Chapter 11 bankruptcy.
  • Counsel to Debtor Durango Georgia Paper Company in Chapter 11 case pending in Southern District of Georgia.  The firm has advised the debtor throughout the reorganization process and currently represents the liquidating trustee in numerous adversary proceedings, primarily involving alleged fraudulent conveyances and preferences.
  • Special litigation counsel to Chapter 7 Trustee in pursuing fraudulent conveyance action against the business partners of a debtor. Recovered over $750,000 in what was believed to be a no-asset case.
  • Representation of a regional bank as secured creditor in numerous bankruptcy cases.  Obtained relief from the automatic stay to permit foreclosure on a bottling plant property; the bankruptcy court agreed that the debtor's business plan was speculative and did not established that there was an effective reorganization in prospect.
  • Representation of a credit union in numerous consumer Chapter 7 and 13 cases.
  • Represented a Savannah resort developer as Debtor in Possession in a Chapter 11 proceeding and a related adversary proceeding against his lender, who had failed to fund a loan commitment after being cited for securities fraud in Canada. Our suit enabled the client to maintain venue in Georgia, instead of California where the lender's Chapter 11 was pending, and enabled the client to settle the case and retain his property.
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Bankruptcy

  • Georgia led the nation in bankruptcy filings in 2006 with more than 29,000 cases filed in the first three quarters of the year.
  • HunterMaclean has successfully served as counsel to secured creditors in many substantial Chapter 11 cases.

Bankruptcy & Creditors Rights Attorneys

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