Represent Samaritan Housing Foundation, a adjacent to landowner to Debtor in connection with resolution of multiple disputes and confirmation of a consensual plan of reorganization; ongoing representation in connection with implementation of plan terms. In re Sears Farm, LLC, Case No. 18-00986 (EDNC)
Representation of national retailer in connection with lease rejection issues in ToysRUS Chapter 11 case .ToysRUS Chapter 11, Case No. 17-34665 (EDVa)
Represented Frontier State Bank in achieving a consensual plan of reorganization of multiple secured loans and resolution of multiple pending lender liability actions in Oklahoma federal court and North Carolina Bankruptcy Court; represented Frontier State Bank in foreclosure of collateral upon post-confirmation default by debtor and obtaining dismissal of post-foreclosure litigation initiated by Debtor and Guarantor. In Re: River Landing Center, LLC, Case No. 17-01144 (EDNC 2017); River Landing Center, LLC et al v. Frontier State Bank, AP Case No. 19-00176 (EDNC).
Represented appellant Wells Fargo before the North Carolina Supreme Court, obtaining reversal of a unanimous panel of the NC Court of Appeals on an issue of first impression regarding the sufficiency of a stamped endorsement to transfer a note secured by real estate under the UCC. Tonya R. Bass v. Wells Fargo (In re Bass), 366 N.C. 464, 738 S.E.2d 173 (2013)
Represented senior secured lender in connection with appeal of bankruptcy court's order permitting post-petition DIP financing and priming lien in an ongoing residential construction project, obtaining a stay pending appeal and reversal of the lower court decision SunTrust Bank v. Den-Mark Const., Inc., 406 B.R.683 (E.D.N.C. 2009)
In re: Surf City Investments Case No 11-01398 (EDNC) Represented senior secured creditor in multi-million dollar credit secured by wet and dry storage marina and beach front hotel property in connection with the "roll up" of multiple related borrowers; defended lender liability claims asserted as adversary proceedings in bankruptcy court; obtained appointment of trustee and thereafter negotiated global settlement and liquidating plan, including the auction of individual dry dock slips.
Represented senior secured creditor in single asset real estate Chapter 11 establishing district precedent regarding the "reasonable possibility of being confirmed" standard under the Section 362(d)(3) 90 day plan filing requirement in single asset cases In re Carolina Commons Dev. Grp., LP, No. 09-11230-8-JRL, 2010 WL 1965895, at *1 (Bankr. E.D.N.C. May 17, 2010).
Represented financial institution in connection with multi-million dollar construction contractor workout, successfully collecting millions of dollars in disputed construction claims on behalf of secured creditor.
Represented predominantly Black community in litigation with adjacent town after decades of refusal to annex; town settled by annexing the community several months after suit was filed. Walnut Tree Community Association et al v. Town of Walnut Cove, Case no. 17-CVS-614 (NC Superior Court, Stokes County, 2017)
Represented secured creditor in negotiating a consensual plan resulting in full payment through a structured sale process; Established district-wide precedent regarding the proper forms of discovery to be used in contested matters. In re: Job P. Wyatt & Sons' Company, Case No. 11-02664 [2011 WL 5909534, at *2 (Bankr. E.D.N.C. July 14, 2011)].
Represented Plaintiff in connection with assertion of claims regarding conditions of confinement. While the claims were rejected by the trial court and United States Court of Appeals for the Fourth Circuit, Matherly v. Andrews, 859 F.3d 264 (4th Cir. 2017), many of the practices complained of were improved or discontinued during the course of the litigation. Pro Bono matter.
Represented manufacturer in connection with Chapter 11 proceeding of airline in connection with resolution of multiple pending executory contract assumptions, rejections and extensions.