McBrayer routinely represents financial institutions, landlords, contractors, vendors, suppliers, guarantors, and other related or interested parties in Chapter 11, Chapter 7, Chapter 13 and Chapter 12 bankruptcy proceedings, including filing of claims, acquisition of adequate protection or relief from the automatic stay, protection and preservation of contract rights and unexpired leases, and all types of bankruptcy litigation. In particular, our attorneys economically assist our creditor clients with the evaluation, assessment and, if merited, litigation of non-dischargeability actions when fraud, embezzlement, conversion of collateral, or other willful and malicious conduct has occurred. Our bankruptcy team is also experienced at evaluating, defending and economically settling bankruptcy preference, fraudulent conveyance, lien avoidance, and stay violation claims brought, or threatened, by Chapter 11 debtors or bankruptcy trustees against unsecured creditors, lien holders or trade vendors.
Through its other practice areas, such as divorce, real estate, foreclosure, business law, construction law, health care and civil litigation, McBrayer seamlessly assists its clients when a bankruptcy interrupts, or threatens to interrupt, the progress of litigation, commercial transactions, or the collection and enforcement of contract rights. Our firm frequently and successfully assists acquisition purchasers or liquidation sellers with the special problems and bankruptcy considerations inherent in distressed asset sales and purchases, and in the assumption and assignment of contracts or leases, both inside and outside of bankruptcy or other insolvency proceedings.
Louisville Chapter 11 and Chapter 7 Bankruptcy Attorney
On the other side, for those experiencing financial distress, our lawyers effectively steer individuals, businesses, franchisees, equine and other agricultural enterprises, and distressed real estate owners through turnarounds and non-bankruptcy reorganizations and liquidations. Our firm's goal is to utilize its bankruptcy, litigation and commercial transactions knowledge and experience to find the best solution for its economically distressed clients. While bankruptcy is usually the last resort, it can also be a preferable strategic tool and it is vitally important to obtain one of our skilled lawyer's review and analysis to consider all potential forbearance, workout, liquidation, refinancing and bankruptcy options in virtually every litigation, transactional or impending insolvency situation — and to do so as early as possible! Through years of carefully maintained credibility and trustworthy reputation, our attorneys can frequently negotiate non-bankruptcy solutions for debtors, thus avoiding the undesirable consequences, unusually large costs, and the inherent risks of a voluntary bankruptcy case. But, if a bankruptcy is required, our law firm represents debtors and debtors-in-possession in whichever chapter of bankruptcy is best for them.
Take The First Step To Success
If you are involved in a bankruptcy proceeding in any capacity, call the experienced legal team at McBrayer. With offices in Lexington, Louisville, Frankfort, Greenup and Ashland, we serve clients throughout Kentucky and the United States.
News & Insights
- Attorneys from McBrayer law offices in Lexington and Louisville achieved a 2018 listing in U.S. News Best Lawyers in AmericaAugust 15, 2017
- James H. Frazier, III - Attorney Biography
- Douglas T. Logsdon - Attorney Biography
- Emily H. Cowles - Attorney Biography
Who We Serve
McBrayer routinely represents banks and other financial institutions, landlords, contractors, vendors, suppliers, guarantors, and other creditors in bankruptcy proceedings, including filing proofs of claim; pursuit of reclamation claims; acquisition of adequate protection or relief from the automatic stay; reaffirmation agreements; plan evaluation, objections, and negotiation; creditors' committee matters; and all types of bankruptcy litigation. Our bankruptcy team is experienced in defending and economically resolving bankruptcy preference, fraudulent conveyance, and lien avoidance claims brought, or threatened, by debtors or bankruptcy trustees. McBrayer attorneys assist our creditor clients with the assessment and litigation of non-dischargeability actions when fraud, embezzlement, conversion, or other willful and malicious conduct has occurred. McBrayer seamlessly assists its clients when a bankruptcy filing threatens to interrupt the progress of pending litigation, commercial transactions, or the enforcement of contract rights. Our attorneys frequently assist purchasers and sellers with the special issues inherent in distressed asset purchases and sales, and the assumption and assignment of contracts and leases, both within and outside bankruptcy or insolvency proceedings.
For clients experiencing financial distress, our attorneys effectively counsel individuals, businesses, agricultural enterprises, and distressed real estate owners through turnarounds and non-bankruptcy reorganizations and liquidations. McBrayer utilizes its bankruptcy, litigation, and commercial transactions experience to achieve the best outcome. Our attorneys can frequently negotiate non-bankruptcy solutions for our clients facing such challenges. While bankruptcy is usually the last resort, it can be a useful strategic tool, and McBrayer assists our clients in the analysis of all available options.