Given Stone & Baxter’s 170 years of combined experience representing business debtors all over Georgia, creditors frequently engage Stone & Baxter for its unrivaled debtor perspective.
Those creditors and non-debtor parties include creditors’ committees, trade creditors, landlords, smaller banks and financial institutions, loan servicers, asset-based lenders, factors, and finance companies for receivables, inventory, and equipment, shareholders and owners, private equity groups, and asset purchasers.
Our creditor practice is equipped to serve local creditors, out-of-state creditors, and other non-debtor parties.
Local creditors understand that Stone & Baxter’s results-oriented approach strikes an optimal balance between aggressive advocacy, swift action, cost-benefit, and return on investment.
That model positions Stone & Baxter to handle a portfolio of accounts in a manner that is consistent with and compliments a creditor’s expected returns. However, it also positions us to advise creditors in complex, high stakes creditor crises that require the broad, cross-disciplinary expertise more often associated with large firms.
Out-of-state creditors (including their in-house and outside counsel) learn that Stone & Baxter is that rare Georgia law firm that is equipped to navigate them through local creditor matters of any size, category, or complexity, anywhere in Georgia, even on a tight budget. Stone & Baxter’s decades of experience as a “creditor hotline” for outside creditors permits us to adapt to the many, varied roles they require, often moments before a deadline or hearing.
Investors and Other Parties-in-Interest
When we aren’t representing debtor entities in bankruptcy, we’re routinely representing shareholders, LLC members, partners, and the like when they find their investments or their fellow investors or business partners tangled-up in an insolvency or bankruptcy proceeding. We also represent other non-bankrupt interested parties in those proceedings with respect to their franchise, license, dealership, manufacturing, outsourcing, employment, consulting, and other agreements or contractual arrangements.
There are few law firms in Georgia or, for that matter, in the United States, who understand more than Stone & Baxter how insolvency and bankruptcy proceedings can impact corporate governance, buy-sell agreements, LLC operating agreements, partnership agreements, joint-venture agreements, and other contractual bargains. All too often, non-debtors, and even their experienced corporate and commercial counsel, underestimate or misunderstand how financial distress can wildly disrupt otherwise straightforward agreements.
Stone & Baxter’s attorneys can advise you on whether your rights, expectations, and assets justify engaging insolvency counsel.
Typical Creditor Engagements
Our creditor practice covers all aspects of the debtor-creditor relationship, from formation of the relationship to election of remedies and enforcement to maximizing creditor protection and recovery in bankruptcy to enforcing the bankruptcy bargain after bankruptcy.
Specific coverage includes:
- Loan modifications
- Forbearance agreements
- Collection suits
- Collateral repossession
- Real estate foreclosures
- Deficiency suits
- Receivership matters
- Landlord/tenant disputes
- Post-judgment collection
- Foreign judgment enforcement
- Avoidance actions
- Prefence litigation
- Veil-piercing and alter ego suits
- Pre-bankruptcy appeals
- Initiating involuntary bankruptcies
- 341 meetings of creditors
- Relief from the automatic stay
- Litigating debtor exemptions
- Discharge/dischargeability issues
- Filing and litigating proofs of claim
- Creditor status/priority disputes
- Bankruptcy claim purchases
- Lease disputes in bankruptcy
- Bankruptcy sales and auctions
- Bankruptcy estate issues
- Asset turnover matters
- Lien determination and avoidance
- Bankruptcy avoidance actions
- Dismissal and conversion issues
- Bankruptcy appeals
Chapter 11 and 12 Matters
- Cash collateral issues
- Adequate protection disputes
- Collateral valuation issues
- Debtor-in-Possession (DIP) financing
- Chapter 11 and 12 plan confirmation
- Equitable subordination litigation
- Debt/equity recharacterization
In addition to navigating clients through pre-bankruptcy matters and the entire life-cycle of bankruptcy cases of every type, Stone & Baxter also represents creditors as their debtors emerge from bankruptcy. As a result of Stone & Baxter’s deep debtor and creditor practices, Stone & Baxter is uniquely positioned to protect post-bankruptcy creditors vigilantly while keeping in mind that bankruptcy cases can have a dramatic and often unanticipated impact on creditor rights and remedies.