Business Litigation

We handle many types of cases in the North Carolina state and federal courts, mostly involving business disputes.  The default rule in North Carolina is that the winning party in a lawsuit is not entitled to attorney’s fees from the losing party, and litigation can be extremely costly.

Therefore, our primary and constant goal is to represent our clients in litigation as affordably and effectively as possible.

These types of cases dominate our non-bankruptcy caseload

Construction litigation

Increasingly, our firm represents contractors and subcontractors affected by the local housing crisis.  As a mainstay, we regularly provide advice with regard to contractor and subcontractor claims that cannot be paid, and construction loans that cannot be paid, and all that ensues.

Successor liability

Many of our clients are self-employed individuals who own and operate a business experiencing financial difficulties. Usually, the subject comes up of forming another company in order to allow the clients to continue to do what they know how to do. We help clients evaluate and plan these strategies, and defend such lawsuits if they are filed. Likewise, we work with creditors in bringing such claims.

Claims for money owed

In our current economic climate, many individuals and businesses are simply unable to pay their debts as they become due. We routinely represent both creditors and debtors (including borrowers, co-signers, joint debtors, and guarantors) in all manner of lawsuits for money owed, and make it a point to do so efficiently and cost-effectively.

Receiverships

The North Carolina statutes give the state court the power to appoint a receiver to wind up and liquidate, or to manage, the businesses and affairs of North Carolina corporations that are otherwise unable to perform these functions on their own. Typically, there is a dispute among the owners of the corporation, or some other fundamental breakdown, that leads to such appointment. We serve as counsel to court-appointed receivers, and have been appointed as receiver, and bring this difficult-to-find experience to the table.

Experience on both sides of the table

Whether you are considering bankruptcy, dealing with an entity that is, rest assured that partners Rick Mitchell and Heather Culp have represented clients just like you.

For nearly 30 years, Rick has served as a Chapter 7 bankruptcy trustee panel for the United States Bankruptcy Court for the Western District of North Carolina, and as such brings a unique perspective to complex cases.

Call our office to schedule an initial consultation.