Bankruptcy and Creditors' Rights

Watkins & Eager PLLC has substantial experience in the bankruptcy and the creditors' rights areas.  Our experience includes representation of clients in transactional and litigation matters that arise during insolvency proceedings. 

We have represented creditors and creditors' committees in major Chapter 11 cases in Mississippi.  We have represented clients in their purchase of assets of Chapter 11 debtors.  We regularly represent creditors in Chapter 7 and Chapter 13 bankruptcy cases.  We have also successfully handled the commencement and prosecution of involuntary bankruptcy cases on behalf of creditors.

We routinely handle litigation matters in bankruptcy, including such matters as avoidance actions; relief from the automatic stay; requests for use of cash collateral; assumption or rejection of executory contracts and unexpired leases; dischargeability complaints, determination of secured status and plan confirmation. 

Because bankruptcy issues permeate other practice areas, we work closely with our other practice groups to provide bankruptcy expertise.  In particular, we provide assistance to the Real Estate, Environmental Law, Employment, Construction Litigation, Public Finance, Consumer Finance, Commercial Lending and Finance and Tort and General Litigation practice areas.  As an example, we have worked closely with the Tort and General Litigation practice group in handling complex bankruptcy removal and remand issues and asserting judicial estoppel defenses. 

In addition to bankruptcy representation, we also are experienced in other debtor/creditor matters such as landlord/tenant disputes, defaulted bond issues, foreclosures, commercial collections, receivership actions, lien enforcement and actions to recover possession of personal property. 

Watkins & Eager is uniquely qualified to handle any and all issues that may arise related to bankruptcy and debtor/creditor rights.

REPRESENTATIVE CASES:

  • Lowe v. Tyson Foods, Inc., 677 F. 3d 258 (5th Cir. 2012).
  • Community Home Financial Services, Inc. v. Edwards Family Partnership, LLP, 2013 WL 1336505 (S.D. Miss. 2013).
  • Greenville Riverboat LLC v. Less Getz & Lipman, PLLC, 131 F. Supp. 2d 842 (S.D. Miss. 2000).
  • Scott v. Vorha, 414 F. Supp. 2d 631 (S.D. Miss. 2005).
  • In Re: O&G Leasing, LLC, 456 B.R. 652 (Bankr. S.D. Miss. 2011).
  • In Re: England Motor Company, 426 B.R. 178 (Bankr. N.D. Miss. 2010).
  • C&C Investment Properties, LLC v. FDIC, 2013 WL 1136337 (S.D. Miss. 2013).
  • Gulf South Rebirth Fund I, LLC v. Stinson, 2010 WL 2925686 (S.D. Miss. 2010).
  • In Re: Breauxsaus, 304 B.R. 273 (Bankr. N.D. Miss. 2003).
  • Allen v. City Finance Company, 224 B.R. 347 (S.D. Miss. 1998).

Practice Leader

Jim F. Spencer, Jr.
 

Related Practice Groups

 
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