Bankruptcy

The Raleigh bankruptcy attorneys at Hendren Redwine & Malone have been providing legal support to businesses and individuals in North Carolina for twenty years in the areas of bankruptcy, business reorganization, debt restructuring, debt resolution, creditor representation and business litigation.

Our lawyers are recognized throughout the state and nationally for their unique expertise in bankruptcy and debtor/creditor matters. Jason Hendren and Rebecca Redwine are both certified as Specialists in Business Bankruptcy Law by the North Carolina State Bar Board of Legal Specialization. In addition, the Bankruptcy Section of Hendren Redwine & Malone, PLLC includes attorney Ben Waller, who brings over twenty years of experience representing creditors in state and federal court collections.

While bankruptcy may be the only solution in certain situations, our lawyers are committed to exploring every financial option available to avoid bankruptcy. We routinely negotiate settlements on behalf of our clients to prevent a bankruptcy filing.

Our board-certified bankruptcy lawyers serve clients throughout North Carolina. We handle cases for companies of all sizes, and also help individuals with financial trouble. In addition, we routinely serve as local counsel for out-of-state clients, who may find themselves pulled into a bankruptcy matter in North Carolina.

Members of our Bankruptcy Section are frequent speakers at bankruptcy seminars around the nation and have been repeatedly recognized by Super Lawyers, Legal Elite, and Best Lawyers in America.

Chapter 11 Bankruptcy

Chapter 11 of the United States Bankruptcy Code provides an organized process for businesses and certain individuals to restructure their debts so that they can move forward successfully with their businesses.

Chapter 11 bankruptcy is available for both large and small companies. Our firm regularly files Chapter 11 bankruptcy cases for small family-owned businesses that may be facing a temporary cash shortage and need time to pay creditors while maintaining operations. We also regularly file Chapter 11 cases for individuals who wish to retain their assets while paying creditors over time.

If Chapter 11 is the best option for you, our Raleigh bankruptcy attorneys will assist in every aspect of the Chapter 11 process including pre-bankruptcy planning, filing of the petition, negotiations with creditors, and preparation of a plan of reorganization to present to the Bankruptcy Court for approval.

Our attorneys are experienced in each of the three bankruptcy districts in North Carolina (Eastern, Middle and Western Districts).

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is available for businesses that need to cease operations and liquidate their assets for the benefit of creditors. In a Chapter 7 case, a Trustee is appointed to handle the liquidation and distribution process to ensure that creditors are paid pursuant to applicable distribution priorities. This process protects business owners by making sure they have satisfied their fiduciary duty to the company’s creditors.

Chapter 7 bankruptcy is also available for individuals who wish to receive a “fresh start” by obtaining a discharge of their debts, while keeping their protected assets, such as their home, cars, and household goods.

The board-certified bankruptcy specialists at Hendren Redwine & Malone have experience handling all types of Chapter 7 bankruptcy cases including cases for corporations and individuals. Contact us at 919-420-7867 to see if a Chapter 7 bankruptcy is an appropriate option for your financial issues.

Chapter 12 Bankruptcy

Chapter 12 bankruptcy is designed to assist farmers or family fishermen. In North Carolina, an average of fifteen farm-related bankruptcy cases are filed every year, and the bankruptcy specialists at Hendren Redwine & Malone regularly represent farmers in bankruptcy cases.

Our agricultural community is the lifeblood of the country and our firm routinely helps family farmers navigate the distinct challenges facing our farmers, brought on by low commodity prices, weather events, crop failures and economic conditions and lack of funding. Chapter 12 farm bankruptcies can be a vital lifeline to North Carolina farmers facing unique disruptions to their farming operations.

If you are a North Carolina farmer and have questions about filing a Chapter 12 farm bankruptcy, call Hendren Redwine & Malone for a consultation.

Pre-Bankruptcy Financial Workouts

While bankruptcy is certainly the appropriate solution for many debt-related issues, it is not the only solution. In certain circumstances, an out-of-court resolution may be possible through a process commonly referred to as a financial workout.

Financial workouts allow a company or individual to negotiate loan modifications or settlements with creditors without the necessity of filing a bankruptcy. A financial workout, when possible, has many advantages, including saving both time and money and avoiding a formal legal process.

A financial workout usually requires the agreement of all creditors to the proposed workout terms in order to be successful. Therefore, a financial workout works best when a debtor has a limited number of creditors.

The business bankruptcy specialists at Hendren Redwine & Malone have successfully helped North Carolina businesses and business owners with pre-bankruptcy workouts and settlements for twenty years. If you believe that a business workout may be appropriate for you, please call us today to discuss your unique situation.

Bankruptcy Litigation

In almost every North Carolina bankruptcy case, there are certain legal issues that require litigation. In most instances, this litigation is handled through an adversary proceeding within the bankruptcy court.

Our bankruptcy litigation lawyers have handled virtually all aspects of bankruptcy-related litigation, including adversary proceedings and other contested matters. Common adversary proceedings include disputes over the dischargeability of debts, proceedings seeking repayment of funds to the bankruptcy estate in connection with alleged preference payments or fraudulent transfers, and disputes over the extent and enforceability of liens.

An adversary proceeding is similar to a state court lawsuit, and there are court-ordered deadlines that must be followed. If you are a party to an adversary proceeding, it is critical that you timely respond to the court filings. Failure to do so may result in prejudicial relief being granted against you.

If you need help with a bankruptcy-related litigation issue, our lawyers can discuss your case and present the best options for you to protect your legal rights.

Hire an Experienced Bankruptcy Lawyer

The lawyers at Hendren Redwine & Malone have provided bankruptcy and bankruptcy-related litigation counsel to clients in North Carolina for twenty years. Our lawyers have been certified as business bankruptcy specialists by the North Carolina State Bar. We are committed to finding the best solution for your debt-related issues.