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: Americas Leading Lawyers for Business, Band 1 for bankruptcy/restructuring, 2003-18; Band 2 for bankruptcy/restructuring, 2019
- U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for bankruptcy and creditor debtor rights/insolvency and reorganization law, 2011-20; Charlotte Tier 1 for litigation – bankruptcy, 2020
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 secured lender in Chapter 11 proceedings of NASCAR Cup Series race team, including obtaining appointment of Chapter 11 trustee.
Represent an 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 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).
Workout and Restructuring Engagements
Represent banks, insurance companies, private equity firms and other lenders in out-of-court restructurings and workouts involving real estate acquisition and development loans, manufacturing companies, textile companies, nonprofits, transportation leasing companies, industrial finishing companies, and retail and wholesale distribution companies.
Represented a national bank in a $32 million 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 $13 million 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 $30 million of 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 $7.5 million 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 and obtained judicial approval of a $6 million receivership 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
- April 30, 2020
- April 28, 2020
- Jan. 22, 2020
- Nov. 1, 2019
- Oct. 17, 2019
- Aug. 15, 2019
- Aug. 5, 2019
- May 6, 2019
- Jan. 28, 2019
- Jan. 7, 2019
- Nov. 16, 2018
- Nov. 1, 2018
- Oct. 24, 2018
- Oct. 15, 2018
- Aug. 15, 2018
- July 9, 2018
- May 31, 2018
- Jan. 30, 2018
- Jan. 3, 2018
- Nov. 2, 2017
- 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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- An Asbestos Defendant’s Legal Liability — The Experience in Garlock’s Bankruptcy Asbestos Estimation Trial
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- Help for Commercial Landlords in South Carolina: How distress and distraint allows recovery from tenants who go darkMarch 28, 2014Robinson Bradshaw Publication
- Seeking Perfection: Can a Subcontractor Protect its Lien Rights After its General Contractor Files Bankruptcy?May 17, 2010North Carolina Lawyers Weekly
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