Bankruptcy and Creditor's Rights

Litigation
Workouts
Landlord/tenant
Foreclosures
Seizure of personal property (replevin)
Collections
Bankruptcy
Commercial and consumer
Creditors' committees
Bankruptcy trustee representation
Litigation
Plan objection
Relief from stay

Robinson McFadden handles all aspects of creditors' representation - from bankruptcies to workouts, from real property mortgage foreclosures and evictions to seizure of property subject to a security interest or leasehold interest, and to collection actions against defaulting debtors, all involving both commercial and consumer debtors.

Our bankruptcy and creditors rights lawyers represent a variety of commercial finance clients, particularly banks and other traditional financial institutions. We also represent creditors' committees and bankruptcy trustees, and handle all types of bankruptcy and creditors' rights litigation matters.

We render advice to a broad range of trades and industries, including insurance providers, cable television companies, utility companies, landlords, real estate developers, equipment leasing and finance companies, and asset based lenders such as automobile, truck, manufactured home, equipment, and commodity based financial transactions. We handle matters involving both secured and unsecured claims.

Our bankruptcy and creditors rights lawyers are well versed with the business and legal issues that can arise in financial transactions and work closely with our transactional lawyers to develop business solutions for problematic and challenging commercial transactions. We regularly advise clients on issues relating to all chapters of the Bankruptcy Code, the Uniform Commercial Code, mortgage foreclosure, secured transactions, fraudulent transfers, the South Carolina Consumer Protection Code, the South Carolina Unfair Trade Practices Act, the Fair Credit Reporting Act and the Fair Debt Collections Practices Act.

Mr. Spong is the Chapter 12 Trustee for the District of South Carolina.
Mr. Metzger is certified by the South Carolina Supreme Court as a Specialist in Bankruptcy and Debtor-Creditor Law.
Mr. Bunch is a member of the Equipment Leasing and Finance Association.

Most recently the firm has:

• Handled several worksouts of loans to operating companies and real estate developments, particularly in the coastal regions of the state;
• Assisted a client in acquiring the remaining equity interest from a bankrupt entity involved in a corporate fraud scheme;
• Represented a Chapter 7 trustee in a broad array of litigation matters in the bankruptcy of a real estate developer;
• Orchestrated the filing of an involuntary bankruptcy petition against a specialized equipment manufacturer providing specialized equipment to militaries across the world;
• Recovered the inventory of a truck retailer on behalf of the floor-planner;
• Obtained injunctive relief, judgments and collections of significant sums for clients in three separate matters involving employee dishonesty and theft;
• Represented a financial institution in their foreclosure of a 350 acre residential golf course development;
• Represented secured lender in a $25 million credit facility involving 6 corporations with collateral in 5 states;
• Represented secured lender in a series of plant closings throughout the state;
• Represented an unsecured creditor's committee in the bankruptcy of a textile products company.