Attorney Profiles

Paul R. Baynard 
Charlotte, North Carolina
Partner
phone 704-334-0891
fax 704-377-1897
email Email Me

Practice Description:

Paul Baynard represents debtors, creditors and trustees in corporate workouts, financial reorganizations and business bankruptcies under Chapter 7, 11 and 12 of the Bankruptcy Code. Mr. Baynard helps financially distressed companies restructure their financing either inside or outside of a business bankruptcy proceeding. He advises companies in the sale of assets, and defends parties in preference and fraudulent transfer actions.

Mr. Baynard's business litigation practice includes cases involving collection of outstanding indebtedness as well as breach of contract cases. His employment practice is limited to representing professionals and executives (particularly in the banking industry) negotiating employment agreements with prospective employers as well as individuals terminated from their positions.

Representative Matters:

Bankruptcies

In re: Plej's Linen Supermarket SoEast Stores, LLC, et al. (Western District of North Carolina) - Represented the Debtor in obtaining a confirmed Chapter 11 plan of reorganization for a regional retailer of linens and home accessories with approximately 38 stores.

In re: E-Z Serve Convenience Stores, Inc., et al. (Middle District of North Carolina) - Represented the Debtor in the filing of this Chapter 11 liquidation of a convenience store chain that once operated in more than 600 locations.

In re: J.A. Jones, Inc., et al. (Western District of North Carolina) - Served as local counsel to the Creditors Committee in a case involving a large construction conglomerate in their Chapter 11 liquidation.

In re: Petition of Richter & Partners as Monitor and Interim Receiver of Cavalier Specialty Yarn Inc., et al (Western District of North Carolina) - Represented the Canadian receiver appointed in a Canadian insolvency proceeding in an ancillary case in the Western District of North Carolina under the former Section 304 of the Bankruptcy Code involving a textile manufacturing facility in Gaston County, North Carolina.

In re: Burch Company (Western District of North Carolina) - Represented a secured lender that provided post-petition financing to a Chapter 11 debtor that had assets that consisted primarily of intellectual property.

In re: Liberty Finance Co. (Western District of North Carolina) - Represented the Debtor in obtaining a confirmed Chapter 11 plan for a commercial finance company that factored accounts and made loans to businesses in the southeastern United States.

In re: RFS Ecusta Inc., et al. (Western District of North Carolina) - Served as local counsel to the Creditors Committee in a case involving a paper mill in its Chapter 11 liquidation.

In re: J & P Enterprises of the Carolinas, Inc. (Western District of North Carolina) - Represented the Debtor in obtaining a confirmed Chapter 11 small business plan of reorganization for a manufacturer.

Other Representations

Represented a large construction company in a sale of all of its assets.

Advised a limited partnership that borrowed monies to refinance an existing debt with its secured lender.

Represented an individual in North Carolina state court against claims of a breach of an alleged guaranty agreement.

Advised a former bank executive who received a severance package from his former employer.

Year Joined Organization:
1993
Areas of Practice:
Business Workouts and Restructure
Business Bankruptcy
Business Ownership Issues or Disputes
General Civil Litigation
Bar Admissions:
Georgia, 1988
North Carolina, 1988
U.S. District Court Northern District of Georgia, 1989
U.S. District Court Western District of North Carolina, 1990
U.S. District Court Eastern District of North Carolina, 1996
U.S. District Court Middle District of North Carolina, 1966
U.S. Court of Appeals 4th Circuit, 1998
U.S. Court of Appeals 11th Circuit, 1989
Education:
University of North Carolina School of Law, Chapel Hill, North Carolina, 1988
J.D.
Honors: Holderness Moot Court Bench, 1987-1988


University of North Carolina, Chapel Hill, North Carolina, 1988
M.B.A.


Davidson College, Davidson, North Carolina, 1983
B.A.
Major:  History


Published Works:
Chapter 11 Bankruptcies: An Overview of Selected Topics, North Carolina Bar Association Foundation CLE, September, 2006


Honors and Awards:
Business North Carolina Magazine's "Legal Elite" (Bankruptcy), 2008 - 2010


Professional Associations and Memberships:
North Carolina Bar Association, Bankruptcy Section, 2001 - 2004
Chairman, Business Bankruptcy Committee


Turnaround Management Association, Carolinas Chapter, 1999 - 2003
Board of Directors


Fraternities/Sororities:
Phi Delta Phi

Rayburn Cooper & Durham advises clients in North Carolina business law matters, including:

  • Business Workouts and Restructure
  • Business Bankruptcy
  • Business Formation and Governance
  • Corporate Finance and Mergers, Acquisitions, and Divestitures
  • Contracts and Business Transactions
  • Business Ownership Disputes
  • General Civil Litigation
  • Complex Business Litigation