Christian & Small attorneys have provided comprehensive legal support for businesses for 25 years through lasting client relationships and exceptional service.
The Bankruptcy and Restructuring Group and its attorneys are routinely recognized and ranked by industry peers such as Chambers USA, Best Lawyers in America®, Benchmark Litigation, and Super Lawyers®. Chambers USA states, “Christian & Small has a recognized bankruptcy practice with numerous significant clients in the financial, healthcare, and energy sectors. The team demonstrates an aptitude for handling high-value cases with an emphasis on Chapter 7 bankruptcy matters, preference adversary proceedings, and fraudulent transfers. It offers notable representation of clients in Chapter 11 bankruptcy cases, as well as trustees, and is particularly recognized for nationally significant work within the coal mining industry.”
The Team
Dan Sparks leads Christian’s Bankruptcy and Restructuring Group, specializing in bankruptcy, business litigation, and creditors’ rights. He represents commercial lenders, debt buyers, corporations, and trustees throughout Alabama and the Southeast, managing complex litigation, loan workouts, restructurings, asset recovery, and bankruptcy proceedings.
Bill Bensinger is noted for his experience in Chapter 7 and Chapter 11 litigation and often represents clients before the Supreme Court. He has represented such notable clients as Mission Coal, Premier Kings, Inc., Frankin Advisors, Inc., Atherotech, Inc.
Brad Hightower represents clients in commercial and bankruptcy litigation, with notable involvement in matters arising from Chapter 7 and Chapter 11 cases.
Thomas Humphries represents creditors, debtors, bankruptcy trustees, and other commercial litigants in state and federal courts in Alabama and neighboring states.
As part of our 25th anniversary celebration, Dan shares insights into several of the firm’s key practice areas within the Bankruptcy and Restructuring Group: commercial litigation, trustee representation, foreign judgments, creditors’ rights, and foreign transfers.
Commercial Litigation and Trustee Representation
Christian & Small offers comprehensive commercial litigation, addressing a variety of business disputes, including contracts, securities, intellectual property, and trade secrets. We routinely provide specialized trustee representation in complex bankruptcy and restructuring cases across various industries. Our goal is to assist clients in addressing their legal challenges efficiently and cost-effectively.
As experienced commercial litigation attorneys who understand your business, we can strategically resolve legal challenges while minimizing disruptions and protecting your finances.
“The key is to investigate the claim early so you know the path you’re going to take, narrow your choices of available remedies to one or two, and pursue aggressively from the outset to shorten the timeline of litigation,” says Dan.
Foreign Judgments
Judgments obtained in U.S. federal and state courts outside of Alabama and later introduced into this state are referred to as “foreign” judgments.
Christian & Small handles a variety of these judgments as part of our comprehensive litigation practice. Our attorneys are knowledgeable of the constitutional considerations that come into play as part of these judgements, and our experience extends to the domestication of foreign judgments in different states, particularly Alabama and Mississippi.
For more on the type of foreign judgments we typically encounter in our practice, Dan recommends reading Christian & Small attorney Brad Hightower’s article: “How to Domesticate Foreign Country Judgments in Alabama”.
Creditors’ Rights
Creditors’ rights are the legal tools available to lenders and creditors for collecting debts owed to them, encompassing everything from basic collection procedures to property liens and asset seizures. Our firm has a strong creditors’ rights practice area, and our attorneys are experienced in representing creditors, financial institutions, and lenders in various aspects of debt collection and enforcement.
When drafting credit or loan agreements, Dan says accuracy is key in protecting your interests.
“Make sure that the security agreements and documents accurately describe the collateral and that perfection of the security agreement is accurate. And that, whenever possible, they have secondary repayment sources, including the personal guarantees of co-borrowers.”
Fraudulent Transfers
Fraudulent transfer law addresses transactions made by debtors to avoid paying their creditors by transferring assets to other parties. Our attorneys help creditors identify, challenge, and potentially reverse these transfers to recover assets that should be available to satisfy debts. These can often be challenging to prove in court.
“One of the most challenging aspects of fraudulent transfer law is proving the insolvency of the debtor of the transfer at the time the transfer was made. That typically requires an expert business evaluator,” says Dan.
He recommends ways businesses or individuals can protect themselves against fraudulent transfers. “When you’re in a distressed environment, business or personal, seek wise legal counsel before haphazardly moving assets around inside your company or outside your company or family.”
Innovative Solutions
At Christian & Small, clients trust us for innovative solutions that align with both their legal and business needs. We look forward to sharing more insights and reflections with you as part of our 25th anniversary celebration.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.