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Bankruptcy and Creditors’ Rights

Members of the Bankruptcy and Creditors’ Rights team of Ellis & Winters integrate their substantial understanding of bankruptcy law and procedures with their depth of transactional and litigation experience in finance and commercial real estate development to guide business and real estate creditors, investors, and equity holders to the best outcomes in pre-bankruptcy, bankruptcy and adversary proceedings.

The firm has comprehensive experience in this field that includes representation in bankruptcy courts across and beyond North Carolina, and in foreclosures, restructurings, and workouts. The team’s specific experience includes representation of secured and unsecured creditors in cases under all chapters of the Bankruptcy Code and in adversary proceedings; negotiation and implementation of forbearance, subordination, and inter-creditor agreements; negotiation and documentation of Debtor-in-Possession (DIP) financing; actions to dispose of property under the Uniform Commercial Code; prosecution of and defense against challenges to the security interests, liens and claims of secured creditors; and advising asset-based and real estate lenders regarding foreclosures, receiverships, workouts and restructurings outside of bankruptcy.