Creditors' Rights, Bankruptcy and Insolvency

Spotts Fain regularly practices in the fields of bankruptcy, insolvency and debtor/creditor law. Our attorneys are admitted in the Virginia state, federal, and bankruptcy courts, and we represent clients in proceedings throughout the Commonwealth and beyond.

We prosecute contested suits to determine liability and emphasize complex and commercial judgment recovery. Our firm is experienced in defending creditors against claims arising under a host of federal and state laws, including consumer protection and lender liability suits.

In addition to federal and state litigation, a significant portion of our practice involves out of court workouts and reorganizations of troubled entities on behalf of creditors and debtors. Our most recent experience in restructurings includes the energy, health care, agricultural and real estate fields, with a focus on maximizing value to all stakeholders.

We frequently represent secured creditors in foreclosing on real and personal property. In particular, we handle cases relating to the purchase and sale of businesses as a going concern. We regularly work on state court receiverships and assignments for the benefit of creditors. We also have extensive experience in agricultural lending and recovery, including Chapter 12 bankruptcy proceedings.

Our clients include:

  • Fortune 50 banks
  • Regional banks
  • Community banks
  • Asset-based lenders and lessors
  • Bankruptcy trustees
  • Local businesses
  • Agricultural lenders and farmers
  • Manufacturers
  • Real estate investors
  • Private individuals

In addition, Spotts Fain is a member of, and an active participant in, the Virginia Association of Community Banks and the Virginia Bankers Association.