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 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.
Representation of an adjacent landowner and creditor in the Chapter 11 case of In Re: Sears Farm, LLC, Case No. 18-00986-5-SWH and in an adversary proceeding styled Samaritan Housing Foundation, Inc. v. Sears Farm, LLC, Case No. 18-00021-5-SWH pending in the Eastern District of North Carolina. Samaritan and Sears Farm asserted various claims against one another and are involved in the development of real estate. After two mediations, the parties reached a global settlement obtaining rezoning approval, resulting in a confirmed, consensual Chapter 11 plan, approximate matter value of $77 million.
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 corporate and individual defendants on claims in excess of $15 million arising under the terms of a real estate development agreement. W&W Partners, Inc. et al v. Ferrell Land Company, LLC et al, Case No. 2017-CVS-9998 (North Carolina Business Court). Successful rulings include: (i) denial of Plaintiffs' request for Preliminary Injunction [2018 WL 2561697, at *1 (N.C.Super. Mar. 08, 2018)}; (ii) dismissal of claims for piercing the corporate veil and Unfair and Deceptive Trade Practices [2018 WL 2339464, at *1 (N.C. Super. May 22, 2018)]; (iii) summary judgment on Plaintiff's claim for constructive trust [2019 WL 3368417, at *2 (N.C. Super. July 25, 2019); and (iv) grant of Defendant's motion for fees under Chapter 75 [2019 WL 8108276, at *1 (N.C.Super. Dec. 06, 2019)].
Represented secured creditor in negotiating a consensual plan resulting in full payment through a structured sale process; Established district-wide precedent regarding the proper forms of discovery to be used in contested matters. In re: Job P. Wyatt & Sons' Company, Case No. 11-02664 [2011 WL 5909534, at *2 (Bankr. E.D.N.C. July 14, 2011)].
Defend Dolven Enterprises, Ryan Graven, and GFY Defendants in connection with claims for breach of fiduciary duty, misappropriation of Trade Secrets, Unfair and Deceptive Trade Practices. Global Textile Alliance, Inc. v. TDI Worldwide, LLC et al, Case No. 17-CVS-7304 (North Carolina Business Court) Successful rulings include: (i) denial of Plaintiff's Motion for Preliminary injunction [2017 WL 5641185, at *1 (N.C. Super. Nov. 21, 2017)]; (ii) partial grant of motion to dismiss for lack of jurisdiction over the GFY Defendants [2018 WL 5985083, at *1 (N.C. Super. Nov. 14, 2018)]; (iii) grant of Defendants' Motion to Compel [2019 WL 8109485, at *1 (N.C.Super. Feb. 26, 2019)]. Global Textile Alliance v. TDI Worldwide et. al,
Represented international client pursuing acquisition of specific assets, including a specialized vessel valued at nearly US$ 400 million through a Chapter plan process. In re: Emas Chiyoda Subsea Limited et al Case No. 17-31146 (SD Tex).
Represented incumbent junior lender in connection with post-petition debtor in possession (DIP) financing, stalking horse bid process, section 363 sale, and in connection with disputes with other constituents resulting in successful free and clear sale to third party buyer resulting in full payment of all secured debt and distribution to unsecured creditors. In re: Xtreme Power et al, Case no. 14-10096 (WD Tex).
Represented successful competing bidder in a Chapter 11 Section 363 free and clear sale and auction of substantially all Debtor's assets including the certificate of need (CON) required to operate an assisted living facility. In re: AA Holdings-Winston-Salem, LLC Case No. 17-31083 (WDNC).
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 junior lienholder and bidder for communications technology assets in connection with sale free and clear of liens under Section 363 of the Bankruptcy Code. In re: Xtera Communications, Inc., et al, Case No. 16-12577 (D.Del).
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 manufacturer in connection with Chapter 11 proceeding of airline in connection with resolution of multiple pending executory contract assumptions, rejections and extensions.
Represented competing bidder for the assets of A123 Systems under Section 363 through diligence, submission of qualified bid, and 2 day auction process. In re: A123 Systems Inc. et al. Case No. 12-12859 (KJC) (D, Del.)