Bankruptcy & Creditors’ Rights

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HunterMaclean represents financial institutions, lessors, trade creditors, and other businesses in business restructuring matters. We provide clients with cost-effective representation designed to maximize creditor outcomes pre-bankruptcy, such as by offering lease termination advice, and in formal liquidation and reorganization proceedings, whether through a prompt negotiated resolution, a settled dispute preserving business relationships, or aggressive litigation.

Bankruptcy is increasingly utilized as a mechanism to achieve business goals. HunterMaclean’s attorneys have expertise in collecting claims through motions for relief from the automatic stay, motions to dismiss or adversary proceedings against companies winding down and liquidating assets or restructuring, and defending against preference actions seeking a creditor to disgorge monies paid to it by an insolvent debtor. Restructuring, bankruptcy, and collection matters may involve other legal issues; therefore, clients benefit from HunterMaclean’s resources in business litigation, alternative dispute resolution, commercial transactions, mergers and acquisitions, and real estate law. This multidisciplinary approach provides clients with a full range of restructuring capabilities and solutions to address their most complex challenges.

Experience

• Negotiated and closed the sale of multimillion-dollar loans from Bank of Hazlehurst to Altamaha Bank and Trust and transferred claims to facilitate the consolidation of claims into one creditor in a Chapter 12 case involving a Vidalia onion farming operation, BG Williams Farms, LLC.
• Represented unsecured creditors, Ascendum Machinery, Inc., and Graybar Electric Company, Inc., in the Westinghouse Chapter 11 cases, in which they recovered 100% of their claims (Plant Vogtle and V.C. Summer).
• Handling termination of construction contract for client after the general contractor, one of the Katerra Chapter 11 debtors, failed to obtain replacement bonds to complete the project and defending against a preference claim by the debtors.
• Hutchison Medical Center issues involving hospital closure and/or transfer of significant assets of the hospital after return of certificates of operation and how the assets may continue to operate (surgical center and/or nursing facility) and notice to CMS.
• Southern Regional Health System bankruptcy issues involving whether attorney fees may be awarded by the court or charged against the trust for counsel of the trustee in interpreting the trust documents and how funds may be disbursed and for the purposes outlined by the trust.
• In re Lemke (Kellers) and In re Rumor: Obtained orders approving settlements.
• In re Danny Sauls (Lewis-Goetz and Co.): Obtained order for relief from stay so employment lawsuit could continue in state court.
• In re Alpha Media Holdings, LLC (Southpoint Building, LLC): Obtained order for relief from stay so that landlord could file dispossessory in state court.
• In re Abundant Life (JBB Holdings, LLC): Obtained dismissal of serial Chapter 11 filings by debtor in order to foreclose on commercial property.
• Negotiated resolution of Chapter 11 debtor’s request for 2004 exam of trustees of QTIP Trust, including subpoenas for documents, down to informal document turnover.
• In re Jacques A. Frym: Represented non-debtor spouse in matters related to bankruptcy—2004 exam, subpoenas, discovery and purchase of claims.
• In re Charles W. Coker, Jr.: Represented lender against developer borrower in nondischargeability action that settled right before trial resulting in repayment of judgment.
• Represented non-debtor spouse in pursuing nondischargeability action that resulted in debtor spouse waiving right to discharge in Chapter 7 case.
• Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of TitleMax Holdings and affiliates. Pursuant to the confirmed Plan of Reorganization, unsecured creditors were paid 100% of their allowed claims with interest.
• Counsel to the petitioning creditors and the Official Committee of Unsecured Creditors in the Chapter 11 case of Dicon Technologies, LLC. Through the efforts of the petitioning creditors and the Committee, the debtor’s assets were removed from the control of a parent company whose owners have been charged in a massive penny stock fraud scheme. The Chapter 11 Trustee was able to sell the debtor’s assets on a going concern basis to a purchaser who assumed the lease for the company’s facility in Black Creek, Georgia.
• Local counsel to stalking horse bidder in the Chapter 11 case of Sea Island Company. The stalking horse bidder joined forces with another prospective purchaser and became the successful bidder at auction. In addition to representing the purchaser in the bankruptcy case, HunterMaclean’s real estate group provided extensive assistance to the purchaser throughout the acquisition process, including matters of title, land use, zoning and permitting, and taxation.
• Counsel to largest trade creditor and chairperson of Official Committee of Unsecured Creditors in Chapter 11 case of specialty food ingredient manufacturer.
• Successful defense of a $1.8 million fraudulent transfer claim against an investor who had provided financing to the debtor through the vehicle of a sale of property to the investor subject to a repurchase option.
• 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 regional and national financial institutions, and distressed debt investors, as secured creditors in numerous bankruptcy cases and non-bankruptcy workouts.
• Representation of commercial landlords in nationally significant Chapter 11 cases such as Pier One Imports, Chuck E. Cheese, Haircuttery, Goody’s, Movie Gallery, Bruno’s Supermarkets, Mattress Firm, MovieStop, Fatz Café, South University, Hancock Fabrics, Radio Shack, Payless, and National Dry Cleaners.
• Representation of credit unions and other creditors in consumer Chapter 7 and 13 cases involving auto loans and home mortgages.
• Representation of 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.
• Counsel to debtor Durango Georgia Paper Company in Chapter 11 case involving a paper mill and significant land holdings in St. Marys, Georgia.
• Successful defense of challenge to creditor claim, from bankruptcy court to U.S. Court of Appeals for the Tenth Circuit.
• Successful litigation establishing nondischargeability of debt, from bankruptcy court to U.S. Court of Appeals for the Eleventh Circuit.
• Successful obtainment of an injunction to stop a foreclosure against a Savannah hotel because the lender’s unauthorized disclosure of client’s confidential financial information to potential bidders at the sale may have violated bank secrecy laws. The ruling enabled the client to sell the hotel and to avoid a multimillion-dollar deficiency.
• ROCOR International, Inc.: U.S. Bankruptcy Court in Oklahoma City. Representation of a secured creditor in the bankruptcy of a refrigerated trucking company. Our client recovered approximately $1.5 million of its claim, which was secured by real estate and rolling stock.
• Printmasters Acquisition Company: U.S. Bankruptcy Court in Atlanta. Successful objection to a Section 363 sale, forcing the insiders seeking to acquire debtor to pay our client $1.7 million plus attorney’s fees in a case concerning specialty printing equipment located in Alabama.
• Flooring America, Inc.: Successful fight against debtor’s attempt to sell our client’s equipment collateral. Negotiated a workout under which client’s debt and our attorneys’ fees were paid in full.
• Buckeye Foods, Inc. and Restaurant Properties, Inc.: Successful obtainment of dismissal of a Chapter 11 filing for bad faith by a debtor that owned seven Burger King franchises in Atlanta; recovered and liquidated collateral.

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