Bankruptcy and Creditors’ Rights

Bankruptcy and Creditors’ Rights

Everett Gaskins Hancock attorneys represent secured and unsecured creditors, including finance companies, judgment creditors, landlords, and others before the bankruptcy courts and in North Carolina’s state courts.  In doing so, we draw heavily upon our experience serving our clients’ needs in a variety of business contexts.  While always keeping in mind our clients’ end goal, whether it may be maximizing their recovery of amounts they are owed, securing the return of their collateral, or defending a preference action to allow them to retain amounts which they have already been paid, we strive to preserve our clients’ working relationships with the debtor and other creditors which are critical to the success of any business.  Although we are mindful of the importance of these relationships, we are willing and able to move aggressively to enforce our clients’ rights when the situation so requires. 

Ed Gaskins has represented numerous clients in business disputes in state court, federal district court, and in bankruptcy court for over 30 years.  Mr. Gaskins has appeared in the bankruptcy courts since their inception in 1978, and he has participated in several of the largest bankruptcies filed in the Eastern District of North Carolina.  James Hash has appeared in all three bankruptcy courts located in North Carolina and has represented clients in a variety of business matters. 

Services Provided

• Representation of creditors seeking relief from bankruptcy’s automatic stay.
• Negotiating with debtor’s counsel to secure favorable treatment in plans of reorganization.
• Instituting and defending adversary proceedings, including preference actions, in the bankruptcy         court.
• Filing proofs of claim in the bankruptcy court.
• Enforcement of judgments and general collections.

Although Everett Gaskins Hancock does not customarily represent debtors in bankruptcy, we have strong relationships with respected debtor’s attorneys to whom we refer cases.