Neil E McCullagh

/Home/Creditor Attorneys: Richmond VA

CREDITORS' RIGHTS, BANKRUPTCY AND INSOLVENCY

Spotts Fain offers extensive experience in all types of insolvency and debtor/creditor law. Each of our attorneys is admitted in all of the Virginia bankruptcy courts, state and federal courts and we represent creditors in proceedings throughout the Commonwealth and beyond.

We frequently represent secured creditors in foreclosing on real property and personal property. We also represent many bankruptcy trustees. Our firm is experienced in representing creditors and debt collectors against claims arising under a host of federal and state regulatory laws.

Court workouts and reorganizations

In addition to our federal and state litigation, a significant portion of our work involves out of court workouts and reorganizations of troubled entities on behalf of the creditor or debtor. In particular, we handle cases relating to the purchase and sales of businesses as a going concern. We also have extensive experience in agricultural law and lending. Also we have worked on state court receiverships and assignments for the benefit of creditors.

Our clients include:
* Fortune 50 banks
* Regional banks
* Community banks
* Asset-based lenders and lessors
* Bankruptcy trustees
* Local businesses
* Agricultural lenders, farmers
* Manufacturers
* Real estate investors
* Private individuals

We are members of the Virginia Association of Community Banks and also the Virginia Bankers Association.

Contact us to learn more about complete range of creditor's rights services

Commercial Creditor Bankruptcy Legal Services

Spotts Fain represents secured and unsecured creditors, debtors' committees and private individuals in commercial bankruptcy proceedings. In Chapter 11 proceedings, we represent secured creditors in matters including:
* first day motions
* cash collateral issues
* relief from stay proceedings
* lien avoidance actions
* plan confirmation
* new value litigation
* valuation hearings and related matters.

We represent unsecured creditors in issues including:
* filing proofs of claims
* resolving claim objection issues
* defending preference actions
* Chapter 7 Trustee Representation

We have extensive experience in representing chapter 7 trustees and have represented most of the trustees on the Richmond Chapter 7 Trustee Panel.

Among the services we perform for chapter 7 trustees are the following:
* asset sales
* preference actions
* fraudulent conveyance recovery
* lien avoidance
* accounts receivable collection
* objections to discharge and related issues

Involuntary Bankruptcy Proceedings

We have experience in filing and litigating involuntary bankruptcy petitions to ensure equal treatment of all creditors and the avoidance of fraudulent or preferential conveyances from the debtor.

Debtor Representation Services

We represent troubled businesses in evaluating the best possible option, including Chapter 11 reorganization, out of court reorganization or voluntary liquidation.

Consumer Bankruptcy Services

We provide bankruptcy representation for some consumer creditors. These services include:
* prosecuting objections to the dischargeability of debt
* objections to plans
* valuation hearings
* real estate foreclosure services

Spotts Fain provides a full-service real estate foreclosure practice. We have conducted numerous real estate foreclosures, both residential and commercial, in nearly every jurisdiction across the Commonwealth. Spotts Fain frequently serves either as substitute trustee or as lender's counsel in foreclosure proceedings.

Lender’s Counsel Services

Spotts Fain offers a broad array of services for secured lenders seeking to foreclose on real estate in Virginia. We are prepared to assist lenders with all phases of the foreclosure process, including:
* initial property valuation
* initial lien analysis
* assessing and remediating environmental issues
* securing auctioneer services
* producing sale packets
* drafting confidentiality agreements
* developing and implementing a bidding strategy
* representation at closing
* post closing issues
* obtaining possession of property
* enforcement of any deficiency balance
* substitute trustee services

Spotts Fain frequently serves as substitute trustee under deeds of trust to foreclosure on real property in Virginia. We emphasize commercial and high value residential real estate. We handle all of the issues facing Virginia substitute trustees, from providing adequate notice to property owners and inferior lienors (including the Internal Revenue Service), to recognizing title issues, coordinating with auctioneers, closing and filing the final account of sale.

Foreclosure Representation – Personal Property

Our attorneys are exceedingly experienced in assisting secured lenders of every type in foreclosing upon and selling personal property. We are versed in the legal requirements for selling assets, including automobiles, boats, equipment, intellectual property (including patents, trademarks and copyrights), licensing agreements, stocks, LLC interests and almost any other conceivable type of personal property interest. Our representation ranges from obtaining the initial security interest through repossession (either self-help or court ordered) through asset analysis, sale strategy, legal notification, sale- and post-sale deficiency. Frequently, we work to bring about a joint sale of real and personal property, often in the context of a going concern business sale. Many times, these sales bring about the highest value for the secured creditor.

Workouts and Reorganizations

Spotts Fain is continuously employed in negotiating and documenting out of court workouts and reorganizations particularly for secured lenders. We assist lenders in an initial analysis of the debtor’s business, the existence and enforceability of security interests and the existence of any lender liability or other claims. Thereafter, we negotiate and document a workout agreement and assist in resolving any post workout defaults.

Creditor's Rights Litigation

Our attorneys are skilled in a broad array of litigation representing secured and unsecured creditors. We represent creditors in addressing suits based on statutory, contract and tort recovery theories including:
* Lender liability
* Fair Debt Collection Practices Act
* Fair Credit Reporting Act
* Fair and Accurate Credit Transaction Act
* Fair Access to Funds Act
* bTruth-in-Lending Act
* Real Estate Settlement Procedures Act

Receiverships and Assignments for the Benefit of Creditors: Spotts Fain attorneys have worked on state court receiverships and assignments for the benefit of creditors. Our attorneys have served as state court appointed receiver to wind up businesses. We also have experience in dealing with assignments for the benefit of creditors, a seldom used, but sometimes useful state law insolvency proceeding.
In circumstances where maintaining the going concern value of a business is necessary, sometimes a state court appointed receiver is the best option for a creditor. We are prepared to help whether serving as the receiver or as lender’s counsel seeking appointment of an independent receiver.

Local Counsel in Creditor Litigation

We frequently serve as local counsel in Virginia state courts and federal courts, working directly with clients or with outside counsel for clients in other states.

Prepare and file pro hac vice motions

Full client service to the extent required to ensure conformity with all local rules and procedures working with client or with attorney representing client.
Contact our office Richmond, Virginia, to learn more about ways we can help you protect your rights.

Neil E McCullagh
Spotts Fain PC
411 E Franklin St #600
Richmond VA 23219
Tel: 804 697-2000
Fax: 804 697-2164

Board Certified Specialist in Creditors Rights - American Board of Certification

Areas of Practice:
* Creditors' Rights
* Bankruptcy
* Workouts and Restructurings
* Collections

Neil E. McCullagh is Counsel at Spotts Fain. Prior to joining the firm he was with the Richmond firm of Cantor Arkema, P.C. for almost ten years, where he was an associate and then a director. Before that he was an associate with the Richmond firm of Williams, Mullen, Clark & Dobbins, P.C.

Neil's practice has always been focused in representing creditors. He has successfully represented a variety of secured and unsecured creditors in bankruptcy proceedings - including banks, landlords, vendors, injured persons, and others - and he has served as local counsel to the official creditors committee in a substantial Chapter 11 case. He also routinely represents creditors in matters outside of bankruptcy. In addition to his practice representing creditors, Neil also has significant experience in representing corporations in Chapter 11 bankruptcy.

In 2008, Neil earned his certification in the area of Creditors' Rights Law from the American Board of Certification, which is an affiliate of the American Bankruptcy Institute.* He was named in the Virginia Super Lawyers Rising Stars lists in 2008 and 2009 and the Virginia Super Lawyers lists in 2010 and 2011 in the area of Bankruptcy and Creditor/Debtor Rights.

From 1995 to 1996 Neil served as law clerk to Chief Judge Ross W. Krumm in the United States Bankruptcy Court for the Western District of Virginia. He earned his law degree from the University of Virginia School of Law in 1995, where he was an Articles Editor of the Journal of Law & Politics. He earned his B.S. from Radford University in 1991.