Bankruptcy & Creditors’ Rights

The bankruptcy & creditors’ rights group is composed of attorneys with broad experience in this area of law, including the former United States Trustee for Kentucky/Tennessee, a former Chapter 13 Standing Trustee, a former Chapter 7 Trustee, and attorneys who have served as Chapter 11 Trustees.  This experienced, talented, and responsive team represents secured and unsecured creditors, debtors and trustees in cases under all chapters of the Bankruptcy Code.  Our attorneys in Louisville and Lexington, Kentucky, and Memphis and Nashville, Tennessee, are widely recognized for their accomplishments and regularly lecture at continuing legal education seminars.

Although the range of their collective experience is broad, these attorneys devote most of their time to guiding both lenders, debtors and interested parties through often complex and fast-moving Chapter 11 cases, and have developed extensive experience in coal industry related Chapter 11 reorganizations and liquidations.  In these cases, the bankruptcy & creditors rights group draws from the Firm’s long history and extensive experience with coal regulatory, property, transactional and environmental matters.  These cases raise diverse and unique issues due to the blending of bankruptcy law and a complex Federal and state regulatory scheme governing the operation of many such businesses.  Recent coal industry cases of note in which the Firm has had significant involvement include Black Diamond Resources, Miller Bros. Coal, Horizon Natural Resources, and Lodestar Energy.

In addition, this group serves the bankruptcy and work out needs of the Firm’s many clients in the financial institution, manufacturing, commercial real estate, and wholesale distribution worlds.  These clients often find themselves seriously impacted when a substantial supplier, customer, tenant, landlord, franchisee, or borrower files a bankruptcy case.  In those situations, there is no time for a learning curve, and Wyatt’s bankruptcy & creditors’ rights attorneys are prepared to take the swift action necessary to protect a client’s interests.  Wyatt has recently assisted clients in the bankruptcy cases of GM, Chrysler, Enron, Lehman Bros., Mervyn’s, Inc., Ames Department Stores, and K-Mart Stores.

When Wyatt’s clients find themselves on the defense in a preference action filed by a trustee or liquidating trust, this team of attorneys will work with the client to prepare the most effective defense or reach the appropriate business resolution.  And, because bankruptcy law is federal law, Wyatt’s bankruptcy attorneys can and do effectively advise clients involved in bankruptcies in any jurisdiction in the country.

In addition to handling all facets of bankruptcy cases, this group of Wyatt attorneys is experienced in work-outs, collateral enforcement actions, and assignments for the benefit of creditors.