Practice areas

The creditors’ rights team at Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. has devoted a large portion of its practice to the representation of parties in creditors’ rights matters. We believe the ongoing success of every business, and the continuing well-being of its employees, is contingent upon the prompt payment of accounts. When an account is not paid according to terms, the creditor has enforceable rights.
Our services include:

• Enforcement of creditors’ rights, secured and unsecured, in and out of judicial proceedings
• Resolution of lender liability claims and defenses to enforcement actions
• Specialized representation and services in all phases of bankruptcy proceedings, including prosecuting claims in the case, debtor-in-possession financing, management of secured creditors’ interests
• Protection of commercial lessors’ rights, and defense of avoidance actions
• Negotiated debt restructuring
• Foreclosure of real estate deeds of trust or mortgages and mechanic’s liens
• Enforcement of security interests in personal property (claim and delivery)
• Litigation of land title disputes and lien priority claims
• Litigation of fraudulent transfer and constructive trust claims
   

Although we attempt to resolve matters through negotiation wherever possible, the attorneys of Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A. are routinely involved in litigating complex matters in bankruptcy courts, including valuation questions, fraudulent transfer and preference actions. We are also adept at state and federal court litigation involving the enforcement of creditors' rights under the Uniform Commercial Code.

Whether in North Carolina or South Carolina, we represent clients in all phases of insolvency proceedings, from exemption planning and claims objections to preferential transfer actions and adversary proceedings, plan confirmations and dischargeability actions to appeals. Our clients include financial institutions, secured and unsecured creditors and purchasers of assets from solvent and insolvent estates.

At Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A., we assert the rights of a creditor client with a strong but responsible approach, ranging from demand letters to litigation to execution. We have considerable experience in the enforcement of security interest in both real property (foreclosure) and personal property (claim and delivery).

Sellers, Hinshaw, Ayers, Dortch & Lyons is committed to providing efficient legal representation, and to serving the interests of our clients with integrity and professionalism. Please contact Mr. Lyons or Mr. Sellers at (704) 377-5050 or contact us via our online form.

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