Business & Commercial Law

Our firm assists banks, financial institutions, institutional lenders and mortgage loan servicers throughout the state of Alabama in commercial litigation, foreclosures, secured transactions, lien priority, commercial paper, and other matters arising under the Uniform Commercial Code (UCC).

The purpose of obtaining a security interest on a debt is to allow the lender to reduce its risk of loss. Our attorneys work to protect, assert, and prioritize the security interests of clients throughout the legal process, whether it be in recording the security interest, through foreclosure, or in bankruptcy proceedings.

Thousands of businesses are formed in Alabama every year, often without analysis of the needs of the organization or the long-term effect of formation decisions. Our attorneys provide counsel to business owners on the most effective business entity to form, based on personal liability concerns, capital needs, exit strategies, effect on day-to-day operations, and other considerations. In collaboration with your accountant, our firm counsels existing businesses and start-up operations in business structure, capital acquisition, private offerings, day-to-day operations, and the conclusion of operations through spin-off, sale or dissolution.

Negotiating and drafting asset purchase agreements or stock purchase agreements is also an area in which our attorneys regularly practice and advise clients. Our goal is to protect the interests of our clients while also accomplishing the goal of growth through acquisition.

Bankruptcy affords debtors and creditors certain rights pursuant to statute. Our bankruptcy lawyers are knowledgeable in all aspects of the U.S. Bankruptcy Code, including recent substantial revisions.

Chapter 7 bankruptcy offers a discharge of debts and liquidation of assets to be divided among creditors. Chapter 13 bankruptcy allows a restructuring of debt and interest rates, shielding the debtor from creditors while the debtor makes (partial) payments through a Trustee. Chapter 11 provides for liquidation or reorganization of a business enterprise.

Creditors are afforded rights under the Bankruptcy Code that must be protected. Central to these rights are such matters as adequate protection, the dischargeability of debts, treatment of executory contracts and the use of property of the estate. The prudent creditor is examining all of these issues in evaluating how best to position themselves in a bankruptcy filing.

Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC provides representation to a large segment of the financial community and invests a significant portion of its practice to creditor advocacy. If you are confronted with a pending bankruptcy matter, are faced with motions undermining your position as a secured creditor, seek relief from stay, or have been named in an adversary proceeding, contact our creditor rights attorneys.

As a result of our involvement with the financial community, our firm recognizes the essential nature of commercial collections. The income of every business, and thus the welfare of the entity itself, is contingent upon the prompt payment of accounts. When that payment stops, the creditor has enforceable rights against the delinquent account.

This firm protects those rights by a strong but responsible approach to collections. Working within the guidelines of the Fair Debt Collection Practices Act, our lawyers assist creditors in every facet of the recovery process, including letters of demand and acceleration, service of process, trial, recording of judgments, identification of assets and garnishment or execution. Recognizing that the financial health of our clients hinges on our efforts, prompt and ongoing communication is an integral part of our service. With a combined effort, our firm and the client create a formidable team to counter intransigent debtors.