Attorney Profiles

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.