Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and acquisitions, environmental and regulatory compliance, labor and employment, and bankruptcy and tax matters. The Bradley Construction team has extensive industry knowledge and experience that allows us to...
Practice Expertise
- Bankruptcy and Creditors' Rights
- Banking and Financial Services
- Bankruptcy and Insolvency Litigation
Areas of Practice
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Bankruptcy and Insolvency Litigation
- Corporate Restructuring
- Creditors’ Rights
- Distressed Investing
- Distressed Municipal Finance
- Financial Services Litigation
- Financial Services Litigaton
- Financially Distressed Construction
- Healthcare Restructuring
- Receivers, Committees, Trustees, and Other ...
- Retail View More
Profile
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.
Bar Admissions
- Alabama, 2010
- Texas, 2018
Court Admissions
- United States Court of Appeals, 11th Circuit
- United States District Court, Northern District of Alabama
- United States District Court, Middle District of Alabama
- United States District Court, Southern District of Alabama
- United States District Court, Northern District of Florida
- United States District Court, Southern District of Texas
Education
- University of Virginia School of Law, J.D., 2010
- University of Florida, B.A., Political Science; B.S., Finance, 2005, cum laude
Areas of Practice
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Bankruptcy and Insolvency Litigation
- Corporate Restructuring
- Creditors’ Rights
- Distressed Investing
- Distressed Municipal Finance
- Financial Services Litigation
- Financial Services Litigaton
- Financially Distressed Construction
- Healthcare Restructuring
- Receivers, Committees, Trustees, and Other Fiduciaries
- Retail
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