James Bailey has experience with both debtor and creditor representation in bankruptcy, out-of-court workouts and restructurings, and bankruptcy-related litigation. He also regularly represents commercial lenders and mortgage servicers in federal court litigation.
James has represented debtors in Chapter 11 bankruptcy, including Walter Energy, Inc. in Alabama and Vanguard Healthcare, LLC in Tennessee. These matters have involved numerous complex issues under the bankruptcy code, including termination of employee and retiree benefits and going concern sales free and clear of claims.
James also has unique Chapter 9 municipal bankruptcy experience as one of the attorneys representing Jefferson County, Alabama. Among other things, he represented Jefferson County in several contested matters and adversary proceedings that involved issues unique to Chapter 9.
James’s creditor bankruptcy practice involves representing commercial lenders in business bankruptcy cases under Chapters 7 and 11 of the Bankruptcy Code and in individual cases of commercial loan obligors under Chapters 7, 11, and 13. This representation has recently involved several mortgage servicing clients in bankruptcy courts. He also represents creditors in substantive bankruptcy litigation, including proceedings that involve preferences, fraudulent transfers, relief from stay, and lien avoidance issues. His bankruptcy litigation experience includes appeals to both district courts and appeals courts.
Outside of bankruptcy, James has transactional experience negotiating and documenting out-of-court workouts. He has experience pursuing pre- and post-judgment creditor remedies, including receivership and receiver sales, non-judicial foreclosures, and garnishments. James also has commercial litigation experience pursuing judgments against defaulting commercial loan obligors.
James is one of the authors of Construction Issues in Bankruptcy published by the American Bankruptcy Institute, and regularly speaks on bankruptcy-related matters.