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Areas of
Practice
Financial Institution Litigation, Workouts, Debtor/Creditor Law
Education
J.D., University of
Tulsa (With Honors), 1988
B.A., Oklahoma
State University, 1983
Profile
Financial
Institution Litigation:
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Connie
routinely represents lenders who are sued on lender liability claims
including breach of fiduciary duty, fraud, negligent misrepresentation,
anti-tying violations and unfair and deceptive trade practices. She also
represents financial institutions in litigation relating to Article 3
issues such as check fraud, forged endorsements and forged signatures.
Debtor/Creditor
Law:
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Connie
represents various financial institutions in complex business workouts
and in complex Chapter 11 bankruptcy proceedings, including the
negotiation and documentation of forbearance agreements and sales of
debt instruments. These complex workouts have included a workout of a
securitized transaction involving assisted living facilities, workout of
a physicians practice, retail stores, manufacturing facility, hotel and
warehouse facilities. She also represents purchasers of assets or
businesses from bankrupt debtors. Connie also routinely represents all
types of creditors in suits on notes, leases, guaranties or other
financial instruments including claim and delivery proceedings,
attachments, garnishments, state court receiverships.
Representative
Litigation Experience
Pre-Fab v.
BB&T (U.S. District Court, District of South Carolina).
Drag v.
SouthTrust Bank and SouthTrust Securities, Inc. (U.S. District Court,
Western District of North Carolina).
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Counsel
for SouthTrust Bank, N.A. and SouthTrust Securities, Inc. in suit
alleging claims of anti-tying violations, securities fraud, unfair and
deceptive trade practices, breach of fiduciary duty and other lender
liability claims.
Centura Bank
v. Rodney Atkinson (Superior Court of Mecklenburg County, North Carolina).
Blue Star
Camps, Inc. v. Wachovia Bank, N.A. (Superior Court of Henderson County,
North Carolina).
G.E. Capital
Mortgage Services, Inc. v. Neely, 135 N.C. App. 187, 519 S.E.2d 553
(1999).
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Counsel
for G.E. Capital in a case where G.E. had inadvertently marked a deed of
trust cancelled and returned the deed of trust to the borrower. Obtained
a ruling from the trial court, which was upheld on appeal, that
inadvertent cancellation of an instrument by a lender did not discharge
the underlying debt.
U.S. Bank, N.A.,
et al. v. Homestead Lodge Limited Partnership No. 1 (Superior Court of
Mecklenburg County, North Carolina).
Representative
Chapter 11 Experience
In re Robbins
Oil, Case No. 02-40887 (Western District of North Carolina).
In re Perry M.
Alexander Construction Co., Case No. 01-10624 (Western District of North
Carolina).
In re the
Palisades at West Paces, Inc., Case No. 03-63381, (Northern District of
Georgia).
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Represented
RBC Centura in bankruptcy involving $30,000,000 condominiumized medical
building in Atlanta, Georgia. Obtained negotiated order lifting the stay
and sold note and mortgage prior to completion of foreclosure sale.
In re Florita
Nova, Inc., Case No. 02-30116 (Western District of North Carolina).
Professional
Activities
North Carolina
Bar Association
Oklahoma State
Bar
Mecklenburg
County Bar
Jurisdictions
Licensed
North
Carolina, Georgia, Oklahoma, United States Courts of Appeals for the Fourth and Tenth
Circuits, United States Supreme Court
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