Bankruptcy and Creditors' RightsPDF
Robinson Bradshaw has substantial experience representing a diverse client base in all aspects of transactions and court proceedings involving financially troubled businesses. Our lawyers have extensive commercial litigation experience and sound business judgment to structure and negotiate pragmatic business solutions for our clients.
The firm’s bankruptcy practice focuses on Chapter 11 work, and we represent every constituency in Chapter 11 cases, including secured lenders and purchasers of distressed businesses. We practice extensively in the bankruptcy courts in the Carolinas and regularly appear in other bankruptcy courts across the country, including Delaware and New York.
Robinson Bradshaw’s attorneys recognize that a negotiated resolution often may be in the client’s best interest. To that end, our firm handles various workouts and financial restructurings, some designed to avoid bankruptcy and some resulting in prepackaged Chapter 11 plans. By virtue of their broad litigation, workout and bankruptcy experience, our lawyers seamlessly handle all phases of disputes involving financially troubled businesses.
The firm has considerable experience representing businesses facing potential losses from catastrophic litigation and using Chapter 11 to manage their risk. We counsel companies in managing and defending mass tort claims and also represent lenders, shareholders and potential investors in protecting their respective positions in, or evaluating potential transactions with, those companies.
Honors & Awards
- Chambers USA: America's Leading Lawyers for Business, Band 1 for bankruptcy/restructuring, 2003-18; Band 2 for bankruptcy/restructuring, 2019-22
- U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for bankruptcy and creditor debtor rights/insolvency and reorganization law, 2011-22; Charlotte Tier 1 for litigation – bankruptcy, 2020-22
Mass Tort Engagements
Develop successful strategies for managing and resolving asbestos litigation, pursuing insurance and other sources of indemnity for asbestos claims, and defending against liability for asbestos claims based on successor liability, veil piercing and other legal theories.
Represented a debtor at trial determining aggregate responsibility for thousands of current and future mesothelioma claims, resulting in a nationally recognized ruling accepting the debtor’s estimate of $125 million and rejecting the claimants’ estimate exceeding $1 billion. In re Garlock Sealing Technologies LLC, 504 B.R. 71 (Bankr. W.D.N.C. 2014).
Represented a large manufacturing company in negotiating and implementing a prepackaged Chapter 11 reorganization plan that permanently resolved thousands of pending and future asbestos claims.
Represent the debtor in two separate and unrelated Chapter 11 cases filed to permanently, globally and fairly address asbestos claims through a reorganization plan that includes a channeling injunction under Bankruptcy Code § 524(g).
Represent senior secured lender in Chapter 11 proceedings of NASCAR Cup Series race team, including obtaining appointment of Chapter 11 trustee, monitoring section 363 sale process, and negotiating sale procedures and sale orders to maximize asset values.
Represented Marriott International in the Chapter 11 bankruptcies of several hotels, negotiating bankruptcy sale process orders that preserved the franchise at those hotels while protecting Marriott and its valuable intellectual property and customer information.
Represented a bidder in section 363 sale process for substantially all of the assets of a national provider of live and on-demand video delivery solutions.
Represent international supplier of infrastructure solutions for communication networks in all aspects of U.S. and cross-border bankruptcy cases of suppliers and customers, involving reclamation, post-petition supply on open account, preservation of administrative claims, impact of bankruptcy filing on existing supply agreements, proof of claim filings, preference defense and asset sale issues.
Represented a former officer and director of a medical diagnostic testing lab in defending claims by its Chapter 7 trustee for alleged breach of fiduciary duties, for alleged fraudulent transfers and for having authorized allegedly unlawful distributions when the testing lab was allegedly insolvent.
Represented a trust fiduciary in defending claims by a Chapter 7 trustee for alleged post-petition conversion of funds from bankruptcy estate.
Represented multiple creditors in the Chapter 7 bankruptcies of two payroll companies following the principals' massive misappropriation of funds deposited for payment of payroll, state and federal taxes, and implemented a litigation strategy that substantially contributed to the delivery of substantial funds to the bankruptcy estate and a favorable settlement of the Chapter 7 trustee’s alleged fraudulent transfer claims against more than 200 creditors.
Represented the agent for secured lender group in Chapter 7 bankruptcy filings of a network of pain treatment clinics in North and South Carolina that filed bankruptcy in the midst of fraud and false claims lawsuits.
Represented a North Carolina-based fertility clinic in a Chapter 7 bankruptcy filed by the administrative services provider for the clinic and 20 other fertility clinics, providing advice to the clinic on its rights in the bankruptcy proceedings and representing the clinic in purchasing assets out of the bankruptcy proceedings to permit the clinic to operate as a standalone fertility clinic.
Represented the largest landlord group in the Chapter 11 case of the Performance Bicycle retail chain, including the going-out-of-business sales and section 363 sale processes.
Represented a landlord and its affiliates in the multidebtor Chapter 11 cases involving iHeart Media concerning their claims, real estate lease assumption and rejection issues, and cure amounts.
Represented a global technology and manufacturing company in the Chapter 11 bankruptcy of Exide Technologies concerning its claims, assumption of its supply contracts, and its complete defense to alleged multimillion-dollar preference claims.
Represented a wholesale nursery supplier in the Chapter 11 proceedings of a grower and defeated the grower's efforts to re-characterize its contracts with the supplier as disguised financing arrangements, which if successful would have resulted in the supplier losing its interest in nearly $5 million of nursery product.
Represented a startup firm in the purchase of a regional marketing agency’s assets pursuant to a Chapter 11 bankruptcy plan.
Secured dismissal on the pleadings of multimillion-dollar fraudulent transfer and preference claims asserted by a bankruptcy litigation trustee against an international manufacturing company. Gellert, as Successor Litigation Trustee of the Crucible Materials Corporation Creditor’s Litigation Trust v. Coltec Industries, Inc., 2012 WL 5360945 (Bankr. D. Del. 2012).
Served as co-counsel for a major telecommunications company in a lawsuit by a bankruptcy litigation trustee asserting fraudulent transfer claims exceeding $2 billion; the lawsuit was pending in the U.S. District Court for the Western District of North Carolina and settled after a two-week trial.
Workout and Restructuring Engagements
Represent banks, insurance companies, private equity firms and other lenders in out-of-court restructurings and workouts, U.C.C. Article 9 foreclosures and collection litigation involving real estate acquisition and development loans, manufacturing companies, textile companies, nonprofits, transportation leasing companies, industrial finishing companies, hospitality companies, and retail and wholesale distribution companies.
Represented a national bank in a senior credit facility to a construction company in a complex debt restructuring of a revolver, letter of credit obligations and swap obligations involving a series of multimillion-dollar subordinated debt offerings and equity infusions, leading to the sale of the senior credit facility to subordinated debt holders.
Represented a national bank in a senior credit facility to a hybrid bus manufacturer in a complex debt restructuring of a term loan, a revolver and letter of credit obligations involving a series of multimillion-dollar subordinated debt offerings and equity infusions, leading to the sale of the senior credit facility to subordinated debt holders.
Represented a national bank in collecting senior loans secured by real estate owned by a single-purpose borrower and leased to the General Services Administration.
Represented a national bank in connection with a nonprofit school's redemption of bonds issued by North Carolina's Capital Facilities Finance Agency and supported by the bank's letter of credit and restructuring of senior secured letter of credit reimbursement obligations.
Obtained a receiver for a CMBS special servicer of a loan secured by over 2 million square feet of furniture showroom and exhibit space, and obtained judicial approval of a $140 million receivership sale of collateral.
Obtained a receiver for two golf course properties on behalf of a senior lender and obtained judicial approval of the receiver’s sale of collateral.
Represented a significant debt and equity holder in a residential real estate community, with leisure amenities to include golf, fishing, shooting and equestrian activities, in restructuring and capital raises to respond to cash-flow shortages, general economic conditions and other operational difficulties.
Represented an individual in the buyout of a financially troubled business partner in various entities that own a minor league baseball team, a baseball stadium under construction and a mixed-use real estate development surrounding the stadium, and in the restructuring of the real estate acquisition loan and other obligations.
News & Events
- June 2, 2022
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- July 9, 2018
- May 31, 2018
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- Nov. 2, 2017
- Oct. 25, 2017
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- Aug. 15, 2017
- May 31, 2017
- Jan. 26, 2017
- Jan. 24, 2017
- Jan. 4, 2017
- Nov. 29, 2016
- Nov. 9, 2016
- Nov. 1, 2016
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- Aug. 8, 2016
- June 2, 2016
- March 18, 2016
- Jan. 27, 2016
- Jan. 5, 2016
- Nov. 2, 2015
- Oct. 21, 2015
- Oct. 15, 2015
- Sept. 22, 2015
- Sept. 14, 2015
- Aug. 18, 2015
- May 28, 2015
- Garland Cassada featured in Forbes article "A Stubborn Manufacturer Exposes The Asbestos Blame Game"April 13, 2015
- Jan. 21, 2015
- Eighteen Robinson Bradshaw Attorneys Named to North Carolina’s 2015 Legal Elite, Legal Elite Hall of FameJan. 8, 2015
- Jan. 5, 2015
- Dec. 26, 2014
- Robinson Bradshaw Nationally Ranked in 2015 “Best Law Firms” by U.S. News & World Report and Best LawyersRankings include recognition as a Tier 1 firm in 38 practice areas in CharlotteNov. 6, 2014
- More Ranked Attorneys Than Any Other North Carolina Firm for Fifth Consecutive YearOct. 29, 2014
- Firm Topped North Carolina Rankings in Eight Practice AreasAug. 19, 2014
- May 23, 2014
- Garland S. Cassada Highlighted in Forbes “Manufacturer’s Lonely Quest To Open Asbestos Claims Files Gains Strength”March 27, 2014
- Garland S. Cassada Quoted in North Carolina Lawyers Weekly "CLOUD LIFTED: Gasket maker dodges over $1 billion in asbestos liability"Feb. 6, 2014
- Feb. 3, 2014
- Jan. 31, 2014
- Jan. 21, 2014
- Eighteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2014 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 6, 2014
- Robinson Bradshaw Named to 2014 ‘Best Law Firms’ Rankings by U.S. News & World Report and Best LawyersRankings Include Recognition as Tier 1 Firm in 38 Practice Areas in CharlotteNov. 1, 2013
- More Ranked Attorneys Than Any Other North Carolina Firm For Fourth Consecutive YearOct. 29, 2013
- Sept. 25, 2013
- Aug. 15, 2013
- May 24, 2013
- Six Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 18, 2013
- Nineteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2013 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 7, 2013
- Jan. 2, 2013
- More Ranked Attorneys Than Any Other North Carolina Firm For Third Consecutive YearNov. 9, 2012
- Robinson Bradshaw Named to 2013 ‘Best Law Firms’ Rankings by U.S. News & World Report and Best LawyersRankings Include Recognition as Tier 1 Firm in 35 Practice Areas in CharlotteNov. 1, 2012
- Oct. 29, 2012
- Aug. 23, 2012
- June 8, 2012
- Feb. 21, 2012
- Seven Shareholders Among State’s Top 100 Attorneys, Two in Top 10Jan. 23, 2012
- Eighteen Robinson Bradshaw Attorneys Included Among North Carolina’s 2012 ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 4, 2012
- Charlotte-based Firm Has More Ranked Lawyers Than Any Other North Carolina FirmNov. 16, 2011
- Robinson Bradshaw Named to 2011-12 ‘Best Law Firms’ Rankings by U.S. News & World Report, Best LawyersNov. 1, 2011
- Sept. 1, 2011
- Charlotte Firm Leads All Other N.C. Firms in Ranked Attorneys, No. 1 Practice Areas for Third-Straight YearJune 14, 2011
- Seven Shareholders Included Among State’s Top 100 Attorneys, Two in the Top 10Jan. 21, 2011
- Twenty-One Robinson Bradshaw Attorneys Named Among North Carolina’s ‘Legal Elite,’ ‘Legal Elite Hall of Fame’Jan. 12, 2011
- Jan. 1, 2011
- Charlotte-Based Firm Recognized in 26 Practice AreasSept. 15, 2010
- Aug. 9, 2010
- Twenty-Two Robinson Bradshaw Attorneys Named to Chambers USA, Most in North Carolina for Second Straight YearCharlotte-Based Firm Again Recognized as State Leader in Eight Practice AreasJune 11, 2010
- Forty-Six Robinson Bradshaw Attorneys Named North Carolina Super Lawyers, North Carolina Rising Stars for 2010Jan. 28, 2010
- Twenty-Five Robinson Bradshaw Attorneys Named Among ‘Legal Elite,’ ‘Legal Elite Hall of Fame’ in North CarolinaJan. 26, 2010
- June 18, 2009
- Jan. 23, 2009
- Dec. 31, 2008
- Sept. 19, 2008
- June 14, 2008
- Jan. 23, 2008
- Sept. 7, 2007
- June 15, 2007
- Jan. 26, 2007
- June 2, 2006
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