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Womble Carlyle’s Bankruptcy, Restructuring, and Creditors’ Rights Practice Group takes pride in its ability to bring the right individual strengths to each engagement. While the Group’s lawyers’ first resort is a deal-focused mindset, when litigation is required the Group will immediately bring to bear its formidable and trial-tested litigation strengths.
Attorneys within the Group are experienced in litigating contested chapter 11 confirmation proceedings, lender liability claims, preferences and fraudulent transfers, non-dischargeability actions, setoff and recoupment, subordination, re‑characterization of debt as equity, adequate protection, priority claims, debtor-in-possession financing issues, valuation disputes, automatic stay and Section 105 injunctions, and many other contested matters and adversary proceedings before Bankruptcy Courts, as well as during all levels of appeals. Many of the Group’s lawyers also have jury and non-jury trial experience in state and federal district courts covering a wide variety of other commercial matters. The firm prides itself on its reservoir of trial skills, from complex discovery and e‑discovery, to state-of-the-art document production and review methods, to careful and effective trial prosecution. In addition to being trained as litigators, our lawyers also are experienced in alternative dispute resolution, including arbitration and mediation.