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J. William Porter

Retired of Counsel
Charlotte | 704.372.9000

Bill Porter has represented financial institutions for more than 30 years in out-of-court restructurings and hundreds of Chapter 11 proceedings. He was a go-to attorney for high dollar, complex problems. Whether resolution of the problem credit requires intense negotiations or representation in court, he provided efficient and cost-effective solutions for his clients.

Early in his legal career, Bill concentrated on bankruptcy law and related litigation and was part of a select group of North Carolina bankruptcy practitioners primarily engaged in corporate and commercial insolvency law. From this experience, he established Parker Poe’s Creditors’ Rights Group in 1984, which today is widely recognized as an elite practice in the Carolinas.

Representative Experience

  • Represented the senior secured lender under a revolver and term loan with approximately $13.5 million outstanding on the petition date in a Chapter 11 case. Negotiated interim and final cash collateral orders and an insider DIP facility that was fully subordinated to the bank’s liens and claims. Obtained a 363 sale that closed less than six months from the petition date. Negotiated the bid and auction procedures for the sale, terms and conditions for retention of an investment banker and obtained a monitoring role for the bank’s financial advisor that provided it with unusually broad access to, and involvement in, the sale process. Also advised the bank on its credit bidding rights and prepared the bank’s credit bid, ultimately resulting in a substantially increased offer.
  • Represented national banking client as a co-participant in $50 million credit facility in a debt restructuring with a multimillion-dollar equity infusion and subordinated insider loan and recasting of the existing term loan, revolver and swap agreement.
  • Represented senior secured lender in five Chapter 11 cases totaling more than $20 million in financing. Negotiated terms and conditions of (a) a 363 sale and (b) interim and final cash collateral orders. Defended our client in an adversary proceeding initiated by the Chapter 11 trustee challenging the validity, priority, and extent of the bank’s interests in certain collateral, which resulted in a global settlement. Under the settlement, the lender received its distribution before confirmation of a Chapter 11 plan and limited the amount of administrative expenses paid out of the bank’s cash collateral. Also successfully defended against two additional adversary proceedings by other creditors contesting priority on the bank’s liens.

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Honors & Awards

  • The Best Lawyers in America in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2003-2022
  • Chambers USA: America's Leading Lawyers in Bankruptcy/Restructuring, 2009-2018
  • North Carolina Super Lawyers, 2006-2019
  • Business North Carolina magazine's "Legal Elite" in Bankruptcy Law, 2002, 2005-2016
  • Martindale-Hubbell AV® Preeminent™ in Bankruptcy; Reorganization & Creditors' Rights; Commercial Foreclosure & Receivership; Financial Restructuring

Memberships

  • NC State Bar Ethics Committee , 2016
  • Duke Divinity School, Board of Visitors, 2002-present
  • Brevard College, Board of Visitors, 2000-2004
  • North Carolina Bar Association, Chairman, Bankruptcy Section, 1993-1994
  • Mecklenburg County Bar, Fee Arbitration Committee, 1990-1998