Bankruptcy Litigation

Stone & Baxter is well known for its involvement in many of Georgia’s most difficult, complex, and contentious bankruptcy and insolvency litigation matters. As skilled bankruptcy practitioners and experienced commercial trial lawyers, our attorneys do not shy away from the courtroom when a judicial resolution is unavoidable. That approach creates settlement opportunities, even in high stakes matters, because opposing parties understand early on that Stone & Baxter is equipped and willing to try cases.

Typical Bankruptcy and Insolvency Disputes

Whether on the debtor or the creditor side and regardless of the forum, there are few bankruptcy and business issues that we have not litigated. Examples include:

  • Suits on notes and guaranties
  • Post-judgment collection
  • Foreign judgment enforcement
  • Veil-piercing and alter ego disputes
  • Foreclosures and confirmations
  • Receiver appointments
  • Bankruptcy jurisdiction issues
  • Bankruptcy estate issues
  • Asset turnover disputes
  • Relief from the automatic stay
  • Bankruptcy discharge issues
  • Bankruptcy dischargeability issues
  • Bankruptcy claim litigation
  • Collateral valuation disputes
  • Bankruptcy asset sales and auctions
  • Cash collateral issues
  • Adequate protection disputes
  • Bankruptcy financing matters
  • Debtor-in-Possession (DIP) financing
  • Treatment of contracts in bankruptcy
  • Judgment lien avoidance
  • Equitable subordination
  • Debt/equity recharacterization
  • Creditor status issues in bankruptcy
  • Bankruptcy dismissal and conversion
  • Trustee and examiner appointments
  • Post-bankruptcy litigation
  • Cross-disciplinary legal issues
  • Appeals from any of the above

Avoidance Actions under State and Bankruptcy Law

Not only is Stone & Baxter routinely asked to represent clients in almost all varieties of restructuring and insolvency litigation, Stone & Baxter is also deeply-experienced in bankruptcy avoidance actions and their state law counterparts. Specifically, Stone & Baxter’s attorneys have prosecuted and defended hundreds of state and federal fraudulent conveyance and preference actions, ranging in amount from less than $10,000 to in excess of $100 million. We’re as passionate about evaluating and minimizing avoidance risk as we are about defending avoidance actions. Protecting clients and their assets when transactions come under scrutiny is almost impossible without an extensive and always evolving knowledge of this area of the law.

Serving as Go-To Counsel in Georgia for Insolvency Litigation

In short, Stone & Baxter is a sought after trusted advisor for all manner of debtor-creditor litigation, particularly when crisis demands an immediate action or response; when complex disputes require creative solutions and a steady, undaunted resolve; and when a high-stakes matter requires the breadth of experience and weight of response typical of a larger law firm combined with the personalized service, accessibility, and cost-savings typical of a smaller firm.

Stone & Baxter is proud of its reputation for shouldering the burdens of initiating and defending debtor-creditor litigation with an efficacy and efficiency that is as little disruptive to its clients as possible.

Practice Groups