Paul Baynard

Paul Baynard represents debtors, creditors, and trustees in corporate workouts, financial reorganizations, and business bankruptcies under Chapter 7 and Chapter 11 of the Bankruptcy Code. He helps financially distressed companies restructure their business either inside or outside of a business bankruptcy proceeding. He also defends parties in preference and fraudulent transfer actions. Mr. Baynard has been named as a “Legal Elite” by Business North Carolina magazine in the area of Bankruptcy Law and has been selected as a “Super Lawyer” by the North Carolina Super Lawyers magazine in the area of Bankruptcy & Creditor/Debtor Rights. Mr. Baynard has also been recognized by The Best Lawyers in America® in the area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law.

His business litigation practice includes cases involving collection of outstanding indebtedness as well as breach of contract cases. He litigates complex business cases, including business ownership and disputes.

Mr. Baynard is certified to conduct mediated settlement conferences in the Superior Courts of North Carolina by the North Carolina Dispute Resolution Commission.

 

Bar Admissions

North Carolina State Courts
U.S. District Courts – North Carolina (Western, Middle, and Eastern Districts)
U.S. Courts of Appeals (Fourth and Eleventh Circuits)
Georgia State Courts
U.S. District Court – Georgia (Northern District)

Education

University of North Carolina School of Law, J.D., 1988
Holderness Moot Court Bench, 1987-1988
University of North Carolina, M.B.A., 1988
Davidson College, B.A., 1983

Honors and Awards

The Best Lawyers in America® (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law), 2016-2017
Business North Carolina magazine’s Legal Elite (Bankruptcy), 2008-2015
North Carolina Super Lawyers (Bankruptcy and Creditor/Debtor Rights), 2010-2017

Publications

“Chapter 11 Bankruptcies: An Overview of Selected Topics,” a CLE presentation for the North Carolina Bar Association Foundation, September 2006

Associations and Memberships

North Carolina State Bar (Admitted 1988)
State Bar of Georgia (Admitted 1988)
North Carolina Bar Association
Mecklenburg County Bar
American Bankruptcy Institute
Turnaround Management Association
Chairman, Business Bankruptcy Committee, North Carolina Bar Association, Bankruptcy Section, 2001-2004
Board of Directors, Turnaround Management Association, Carolinas Chapter, 1999-2003

Representative Matters

Bankruptcies

In re: Hendricks Furniture Group, LLC, et al. (Western District of North Carolina) — Represented the Debtor in obtaining a confirmed Chapter 11 plan of reorganization for a retailer of furniture and home accessories.

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: 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: 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: RFS Escuta 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: 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.

 

Litigation

Represented corporations and individuals in North Carolina state and federal courts to collect monies owed to them.

Defended corporations and individuals in North Carolina state and federal courts against claims that they defaulted under a promissory note or alleged guaranty agreement.

Represented a business owner in a dispute with a co-owner of the business about ownership issues.

The cases mentioned above are illustrative of the matters handled by the firm. Case results depend upon a variety of factors unique to each case. Not all results are provided, and prior results do not guarantee a similar outcome.