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Zachary Malnik

Counsel

Zachary Malnik

Specialities

Business Insolvency, Commercial Bankruptcy, Commercial Law

Contact

Raleigh, NC

(919) 500-7609

zmalnik@waldrepwall.com

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Zach specializes in commercial bankruptcy and general commercial law and has significant experience representing debtors in Chapter 11 and Chapter 7 cases. In addition, he regularly represents creditors, creditor committees, and bankruptcy trustees in bankruptcy litigation, contested matters, asset sales, and adversary proceedings, as well as appellate matters. Zach is also an attorney for the Salkin Law Firm, P.A. in Florida.

Zach received a J.D. degree from the University of Florida Levin College of Law in 2018, where he served as Executive Student Works Editor of the Florida Journal of International Law. He received a B.A. degree from Boston College in 2015. He is active in both the Florida Bar and North Carolina Bar.

J.D. with Honors, 2018, University of Florida Levin College of Law | Executive Student Works Editor, Florida Journal of International Law
B.A., 2015, Boston College

North Carolina, 2024
Florida, 2018
United States District and Bankruptcy Court, Southern District of Florida, 2018
United States District and Bankruptcy Court, Middle District of Florida, 2018
United States District and Bankruptcy Court, Northern District of Florida, 2018
United States District and Bankruptcy Court, Eastern District of North Carolina, 2025
United States District and Bankruptcy Court, Middle District of North Carolina, 2025

North Carolina Bar Association (Member)

Represented a Chapter 7 Trustee in litigation to pierce a self-settled offshore trust established in Belize and recover assets, including proceeds held in a Swiss bank account and valuable real property located in Aspen, Colorado.
Represented a Chapter 7 Trustee in appellate litigation involving substantive consolidation,
resulting in a published opinion from the U.S. Court of Appeals for the Eleventh Circuit affirming
the bankruptcy court’s ruling.
Represented Chapter 7 Trustees in prosecuting fraudulent transfer and preference actions to
recover assets for the benefit of bankruptcy estates and creditors.
Represented an Official Committee of Unsecured Creditors in investigating potential avoidance
actions and establishing a litigation trust to pursue recoveries on behalf of creditors.
Represented businesses in Chapter 11 reorganizations, Chapter 7 liquidations, and out-of-court
restructuring and workout matters.
Represented individual debtors in Chapter 7 bankruptcy proceedings and successfully obtained
discharges of outstanding debt obligations.

best lawyers ones to watch 2026

Waldrep, Wall, Babcock, and bailey PLLC

John McNames

Counsel

John McNames

Specialities

Real Estate

Contact

Winston-Salem, NC

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John focuses his practice on commercial real estate transactions and creditors rights matters. He has extensive experience handling acquisitions and dispositions, lease agreements, easements, title searches, survey reviews, 1031 like-kind exchanges, and refinances. Additionally, John represents lenders, loan servicers, and private equity firms in foreclosures, receiverships, and workouts involving distressed commercial real estate loans throughout North Carolina.

John began his legal career as a Staff Attorney with a transatlantic AmLaw 100 firm in Winston-Salem, where he primarily focused on creditors’ rights and foreclosure matters. In 2017, he joined Waldrep Wall Babcock & Bailey PLLC as an Associate and later Partner, shifting his focus to commercial real estate transactions where he represented individuals and small businesses in acquisitions and refinances of commercial real estate. John subsequently served as Counsel at a global AmLaw 100 firm, where his practice transitioned back to creditors’ rights matters representing loan servicers in the enforcement of distressed commercial real estate loans. He rejoins Waldrep Wall Babcock & Bailey PLLC bringing valuable experience from his diverse real estate practice.

A Winston-Salem native, John received his J.D. degree from Florida Coastal School of Law in 2012 and earned his B.A. degree in Political Science from the University of North Carolina at Chapel Hill in 2009. He has been a member of the North Carolina State Bar since 2012 and is a member of the North Carolina Bar Association.

J.D. 2012 Florida Coastal School of Law
B.A. 2009 University of North Carolina at Chapel Hill

North Carolina State Bar, 2012

North Carolina Bar Association

Represents restaurant owners and operators in connection with commercial real estate acquisitions, dispositions, refinancings, leasing matters, and related real estate transactions.
Advises real estate developers in all aspects of property acquisitions, dispositions, financings,
title review, survey matters, and redevelopment projects.
Represents senior housing providers in connection with real estate acquisitions, portfolio
expansion, and complex financing transactions, including taxable and tax-exempt bond
financings.
Represents lenders, loan servicers, private equity firms, and financial institutions in commercial
foreclosure, receivership, and creditors’ rights matters involving office buildings, hotels,
industrial properties, retail centers, and other commercial assets.
Has served as trustee in North Carolina foreclosure proceedings and advised creditors
throughout the foreclosure and asset recovery process.
Represents business owners and borrowers in defending against commercial foreclosure actions
and negotiating resolutions to distressed real estate matters.
Serves as outside counsel to real estate owners and investors, advising on acquisitions,
dispositions, leasing matters, portfolio management, and other real estate-related legal issues.
Advises clients on commercial leasing matters, including lease review, negotiation, and risk
management considerations.

Jack O’Neal

Associate

Jack O’Neal

Specialities

Litigation

Contact

Winston-Salem, NC

(336) 738-0113

joneal@waldrepwall.com

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Jack attended North Carolina State University, studying Political Science and History, graduating cum laude. He interned for Congressman Ted Budd and worked for the North Carolina Republican Party. Jack attended the Wake Forest University School of Law, serving as a Teaching Assistant for Appellate Advocacy and Professional Development courses, and completing a Practicum Extension with the Winston-Salem Legal Aid Office.

Prior to joining Waldrep Wall Babcock & Bailey PLLC, Jack practiced insurance defense law with Johnson, Ayers & Matthews, P.L.C in Roanoke, Virginia.

J.D. 2020 Wake Forest University School of Law
B.A., 2017, Political Science, cum laude, North Carolina State University, Raleigh, North Carolina

North Carolina, 2024
Virginia, 2020
United States District Court – Western District of North Carolina, 2024
United States District Court – Middle District of North Carolina, 2024
United States District Court – Eastern District of North Carolina, 2024
United States District Court – Western District of Virginia, 2020
United States District Court – Eastern District of Virginia, 2022
United States Bankruptcy Court – Western District of Virginia, 2021

North Carolina Bar Association – Litigation Section

Best Lawyers: Ones to Watch® in America, 2026

Dean Suzanne Reynolds Award for Appellate Advocacy

Awards & Recognition:

Best Lawyers: Ones to Watch® in America, 2026
Dean Suzanne Reynolds Award for Appellate Advocacy

James Paul

Associate

James Paul

Specialities

Commercial Real Estate | Corporate

Contact

Winston-Salem, NC

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James focuses his practice on commercial real estate and corporate matters. He represents clients in connection with the acquisition, disposition, leasing, financing, and development of various classes of commercial real property across North Carolina. His practice includes commercial real estate-related tax matters, with a focus on Section 1031 and Section 1033 exchanges, as well as real estate-related estate planning matters and general corporate work in support of real estate transactions.

James began his legal career at Carruthers & Roth, P.A. in Greensboro, where he practiced with the firm’s commercial real estate and finance practice groups. He subsequently joined Lincoln Financial Group before joining Waldrep Wall Babcock & Bailey PLLC.

James received his J.D. degree from Notre Dame Law School in 2021, where he received the Faculty Award for Excellence in Health Care and Canon Law in Fall 2020. He earned his B.S. degree in Criminal Justice, magna cum laude, from East Carolina University in 2018, where he was awarded the Outstanding Undergraduate Award for the department and served as the department student commencement speaker. He has been a member of the North Carolina State Bar since 2021 and is a member of the North Carolina Bar Association and Greensboro Bar Association. James serves as Vice Chair of the Real Property Section of the Greensboro Bar Association and is Vice Chair of the Board and a member of the Finance Committee at First Moravian Church of Greensboro.

J.D. 2021 Notre Dame Law School
B.S. 2018 East Carolina University, magna cum laude

North Carolina State Bar, 2021

North Carolina Bar Association
Greensboro Bar Association (Vice Chair, Real Property Section, 2024-2025)

First Moravian Church of Greensboro (Vice Chair of the Board, Member of the Finance Committee)

Faculty Award for Excellence in Health Care and Canon Law, Notre Dame Law School, Fall 2020

Outstanding Undergraduate Award, East Carolina University Criminal Justice Department, 2018

Department Student Commencement Speaker, East Carolina University, 2018

Awards & Recognition:

Faculty Award for Excellence in Health Care and Canon Law, Notre Dame Law School, Fall 2020
Outstanding Undergraduate Award, East Carolina University Criminal Justice Department, 2018
aDepartment Student Commencement Speaker, East Carolina University, 2018

Peyton Pawlik

Associate

Peyton Pawlik

Specialities

Healthcare, Litigation

Contact

Winston-Salem, NC

(336) 717-9163

ppawlik@waldrepwall.com

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Peyton is part of the firm’s healthcare and litigation teams. Prior to joining Waldrep Wall, Peyton practiced with Coffey Law, PLLC, and Lewis & Keller, Attorneys at Law. Her practice has focused on litigation and medical malpractice defense. She has also provided representation to healthcare professionals in licensing board matters.

Peyton attended Appalachian State University, where she graduated cum laude with a Bachelor of Science in Pre-Professional Legal Studies. While attending Campbell University’s Norman Adrian Wiggins School of Law, she served as a project coordinator for the Campbell Law Pro Bono Council. She attended the Baylor Academy of the Advocate in St. Andrews, Scotland during her 3L year, where she won the School of the Trial Competition. Peyton was a member of the Campbell Law Mock Trial Team. Upon graduation, she received the Order of Old Kivett Award for excellence in advocacy.

J.D., 2015, Campbell University School of Law | Order of Old Kivett Award Recipient, Campbell Law Mock Trial Team Advocate (Highest Ranking Advocate, Spring 2015), Honors in Advanced Trial Advocacy
B.S. in Pre-Professional Legal Studies, 2011, Appalachian State University, Cum Laude | High Honors in the Department of Government and Justice Studies, Honors Undergraduate Thesis Author

North Carolina, 2015
United States District Court – Western District of North Carolina, 2018

Forsyth County Bar Association – 31st Judicial District Bar, Winston-Salem, NC

Best Lawyers: Ones to Watch in America, 2026

Awards & Recognition:

Best Lawyers: Ones to Watch in America, 2026

Hector Quesada

Associate

Hector Quesada

Specialities

Appellate, Business Bankruptcy, Litigation, Mass Tort Bankruptcies

Contact

Winston-Salem, NC

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Hector joined Waldrep Wall Babcock & Bailey PLLC in August 2025 as an Associate and is part of the firm’s business bankruptcy team. Prior to joining Waldrep Wall, Hector practiced as an Associate with The Law Offices of John Orcutt in Greensboro, NC, where he represented individuals in Chapter 7 and 13 bankruptcy cases and adversary proceedings. Hector previously served as a judicial law clerk for The Honorable Lena M. James at the U.S. Bankruptcy Court for the Middle District of North Carolina.

Hector attended Virginia Tech, where he earned his Bachelor of Arts in Political Science, cum laude, with a minor in Philosophy. Hector was a litigation paralegal at Bierer Law Group, P.A., in Baltimore, MD, until enrolling in law school. He received his Juris Doctor from Washington & Lee University School of Law, where he served as an editor for the Washington and Lee Law Review. While attending law school, he served as a judicial intern at both the U.S. District Court for the Southern District of New York and the Supreme Court of Virginia. Upon graduation, Hector’s academic achievement in bankruptcy law was recognized with the American Bankruptcy Institute’s Medal of Excellence, and he was the winner of the Virginia State Bar’s Bankruptcy Law Writing Competition in 2021.

J.D. 2021 Washington & Lee University School of Law
B.A. 2014 Virginia Tech

New York, 2022
North Carolina, 2023
United States District Court, Middle District of North Carolina, 2023
United States District Court, Eastern District of North Carolina, 2024
United States District Court, Western District of North Carolina, 2024
United States Court of Appeals for the Fourth Circuit, 2025
North Carolina Bar Association
Bankruptcy Section Council Member, 2024-2027

NC Bar Association, Bankruptcy Section Council Member, 2024-2027
New York State Bar Association
American Bankruptcy Institute
Turnaround Management Association
Hispanic National Bar Association

“Eligibility for Bankruptcy Under Subchapter V: When Is a Small Business Debtor ‘Engaged in Commercial or Business Activities’?”, Bankruptcy Law News, Summer 2021
“Competing Motivations for Originalism: Formalism vs. Rights,” Univ. of Chicago Undergraduate Law Review 176, 2014

“Law Clerk Case Update,” 43rd Middle District Bankruptcy Seminar, Pinehurst, NC, April 2023
Soon – working title “Jeopardy: AP and Contested Matter Procedures,” 46th Middle District Bankruptcy Seminar, Pinehurst, NC, April 2026

National Conference of Bankruptcy Judges NextGen Program, Class of 2025

National Association of Consumer Bankruptcy Attorneys “Outstanding Young Consumer

Bankruptcy Attorney Award,” 2025

American Bankruptcy Institute Medal of Excellence, 2021

Winner of the Virginia State Bar’s Bankruptcy Law Writing Competition, 2021

Awards & Recognition:

National Conference of Bankruptcy Judges NextGen Program, Class of 2025
National Association of Consumer Bankruptcy Attorneys “Outstanding Young Consumer Bankruptcy Attorney Award,” 2025
American Bankruptcy Institute Medal of Excellence, 2021
Winner of the Virginia State Bar’s Bankruptcy Law Writing Competition, 2021

Ciara Rogers

Partner

Ciara Rogers

Specialities

Business Bankruptcy, Mass Tort Bankruptcy, Mediation, and Municipal Law

Contact

Raleigh, NC

(984) 480-2005

crogers@waldrepwall.com

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Ciara is a partner at Waldrep Wall Babcock & Bailey, PLLC. She focuses her practice on bankruptcy and business insolvency. She is certified as a Business Bankruptcy Law Specialist by the North Carolina State Bar and is licensed to practice in all Federal and State Courts in North Carolina and Virginia, as well as the Fourth Circuit Court of Appeals and the Supreme Court of the United States.

Before joining Waldrep Wall Babcock & Bailey PLLC, Ciara was an attorney with boutique chapter 11 debtor’s firm in Eastern North Carolina. Prior to that, she was a law clerk to the Honorable J. Rich Leonard and the Honorable Randy D. Doub of the Eastern District of North Carolina Bankruptcy Court. In 2018, Ciara was chosen to be the director of Campbell University School of Law’s Stubbs Bankruptcy Clinic where she supervises second- and third-year law students in providing pro bono bankruptcy representation to low wealth individuals in the Eastern District of North Carolina.

Ciara received her Bachelor of Science degree in Political Science and History from Averett University and her Juris Doctor from North Carolina Central University School of Law.

J.D. 2009, North Carolina Central University
B.A. 2006, Averett University

2022: United States District Court and Bankruptcy Court, Western District of North Carolina
2019: Supreme Court of the United States; United States District and Bankruptcy Court, Middle District of North Carolina
2018: Fourth Circuit Court of Appeals
2011: North Carolina, all state courts; and, the United States District and Bankruptcy Court, Eastern District of North Carolina
2010: United States District and Bankruptcy Court, Eastern District of Virginia
2009: Virginia, all state courts

North Carolina Bar Association, Bankruptcy Section Council
International Women’s Insolvency & Restructuring Confederation (“IWIRC”), Carolinas Chapter, Treasurer
National Association of Bankruptcy Trustees, Subchapter V Section, Member
- NABTalk, Editorial Board
American Bankruptcy Institute, Member
- ABI Journal, Editorial Board Member
- Diversity and Inclusion Committee, Special Projects Leader
- Veterans and Service Members Committee

“Mass Torts and the Texas Two-Step: Lessons from National Bankruptcies,” North Carolina Bar Association 48th Annual Bankruptcy Institute, Greensboro, NC, November 22, 2025
“Getting Down and Dirty: A Discussion of the Subchapter V Practice Beyond the Basics,” National Conference of Bankruptcy Judges Annual Meeting, Chicago, IL, September 18, 2025
“The Fair-and-Equitable Standard in Subchapter V: Avoiding or Navigating a Contested Confirmation,” ABI Annual Spring Meeting, Park City, UT, April 25, 2025
“Behind the Bench: Five Issues in Subchapter V for 2025,” National Conference of Bankruptcy Judges, webinar, February 11, 2025
“Subchapter-V Update” 45th Annual Mid-South Commercial Law Institute, Franklin, TN, December 5, 2024
“What About the Taxes?” North Carolina Bar Association 47th Annual Bankruptcy Institute, Wrightsville Beach, NC, November 16, 2024
“Revamping Insurance Defense: Navigating Bad Faith Cases and Bankruptcy Interplay,” North Carolina Association of Defense Attorneys, Raleigh, NC, September 17, 2024
“Sub V vs. Traditional 11? Confirmation and Other Key Plan Issues,” Co-presenter, American Bankruptcy Institute (ABI) 2024 Annual Spring Meeting, Washington, DC, April 19, 2024
“Subchapter-V Pre-Packaged and Ready to File,” National Association of Bankruptcy Trustees, webinar, March 29, 2024
“Eligibility, Debt Limits, and Voting, Oh My! The Annual Subchapter V Update” and “Litigation Skills,” 50th Annual Southeastern Bankruptcy Law Institute, Atlanta, GA, March 14-16, 2024
“Subchapter V Judges Panel,” Moderator, National Association of Bankruptcy Trustees’ Annual Meeting, Washington DC, August 18, 2023
“Fraud, Deceit and Misrepresentation Are Not Excused as Zealous Representation (Canon 7) – Fraudulent Bankruptcy Examples, Public Perceptions of Litigation, the Bar & Bankruptcy Updates,” Plaintiffs Asbestos Litigation Seminar (PALS), Las Vegas, NV, May 10, 2023
“Subchapter V Nuts & Bolts,” National Association of Consumer Bankruptcy Attorneys’ (NACBA) 31st Annual Convention, Washington D.C., April 29, 2023
“Bankruptcy Basics for Governmental Lawyers,” North Carolina Bar Association, Government and Public Sector Section’s Spring Meeting, Cary, NC, April 20, 2023
“The Emergence of Subchapter V,” 45th Annual Bankruptcy Institute, Greensboro, NC, November 11, 2022
“Discharges in Subchapter V, What Has Changed from Chapter 11, What Remains the Same,” National Association of Bankruptcy Trustees (NABT) 2022 Annual Conference, Vancouver, BC, June 10, 2022

Represents dozens of plaintiffs’ law firms in responding to subpoenas, discovery requests, and examinations arising in complex bankruptcy proceedings.
Obtained what was, at the time, the largest sanctions award entered against a mortgage servicer
for violating a Chapter 13 confirmation order following a two-day evidentiary hearing.
Argued before the United States Court of Appeals for the Fourth Circuit regarding the
interpretation and application of the United States Supreme Court’s decision in Taggart v.
Lorenzen.
Successfully confirmed Chapter 11 plans of reorganization both consensually and over creditor
objections.
Has served as a Subchapter V Trustee in more than 30 Chapter 11 cases, assisting debtors and
parties-in-interest in negotiating plan treatment and achieving successful reorganizations.

Chambers USA (Bankruptcy/Restructuring, Up and Coming), 2024-present

The American Bankruptcy Institute (ABI) “40 Under 40” Honoree, 2023

Best Lawyers in America®, 2024

Super Lawyers® – Business Bankruptcy, 2024

North Carolina Board of Legal Specialization, Business Bankruptcy, 2022

“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2017, 2021, 2022, 2024

Super Lawyers, Rising Star; National Conference of Bankruptcy Judges, Next Gen Program Selectee, 2019

Supreme Court of North Carolina Pro Bono Honor Society, 2017, 2019, 2020, and 2022

Pro-Bono Services Award, North Carolina Bar Association, Bankruptcy Section, 2015

National Conference of Bankruptcy Judges, Honorable Cornelius Blackshear Fellow, 2014

North Carolina Bar Association, Leadership Academy Graduate, 2013

Awards & Recognition:

Chambers USA (Bankruptcy/Restructuring, Up and Coming), 2024-present
The American Bankruptcy Institute (ABI) “40 Under 40” Honoree, 2023
Best Lawyers in America®, 2024
Super Lawyers® – Business Bankruptcy, 2024
North Carolina Board of Legal Specialization, Business Bankruptcy, 2022
“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2017, 2021, 2022, 2024
Super Lawyers, Rising Star; National Conference of Bankruptcy Judges, Next Gen Program Selectee, 2019
Supreme Court of North Carolina Pro Bono Honor Society, 2017, 2019, 2020, and 2022
Pro-Bono Services Award, North Carolina Bar Association, Bankruptcy Section, 2015
National Conference of Bankruptcy Judges, Honorable Cornelius Blackshear Fellow, 2014
North Carolina Bar Association, Leadership Academy Graduate, 2013

Chambers ranked in USA 2026 Ciara Rogers

Board certified specialist, north Carolina state bar

Legal elite business North Carolina 2024

Kevin Sink

Partner

Kevin Sink

Specialities

Bankruptcy, Bankruptcy and Creditors Rights, Business Law and Transactions, Commercial Litigation and Disputes, Real Estate, Mediation and Arbitration

Contact

Raleigh, NC

(919) 443-1591

ksink@waldrepwall.com

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Kevin focuses his practice on bankruptcy and reorganization matters, commercial transactions, real estate and business litigation. He is certified as a Business Bankruptcy Law Specialist by the North Carolina State Bar and is a Chapter 7 Panel Trustee for the Eastern District of North Carolina.

Kevin is licensed to practice in all Federal and State Courts in North Carolina, as well as the Fourth Circuit Court of Appeals. He is a frequent lecturer at bankruptcy seminars and also regularly serves as a mediator in bankruptcy and business litigation matters. He served as the Chair of the Bankruptcy Specialization Committee of the North Carolina State Bar from 2009–2015, and he previously served as a member of the Bankruptcy Section Council of the North Carolina Bar Association. Kevin is also a member of the American Bankruptcy Institute.

Kevin graduated from North Carolina State University in 1991, Summa Cum Laude, with a Bachelor of Arts degree in Accounting. He received his law degree, with Honors, from the University of North Carolina School of Law in 1994.

J.D. with Honors (Order of the Coif), 1994, University of North Carolina at Chapel Hill School of Law
Law Review, 1992-1994, University of North Carolina Law Review
B.A. Accounting (summa cum laude), 1991, North Carolina State University

North Carolina, 1994
U.S. District Court Eastern District of North Carolina, 1994
U.S. District Court Middle District of North Carolina, 1994
U.S. District Court Western District of North Carolina, 1994
U.S. Court of Appeals 4th Circuit, 1998

American Bankruptcy Institute, Member
North Carolina State Bar, Bankruptcy Specialization Committee, Chair, 2009-2015
North Carolina Bar Association, Bankruptcy Section, Council Member, 2008-2012
North Carolina Bar Association, Bankruptcy Section, Chair, Membership Committee, 2006-2009
North Carolina Bar Association, Bankruptcy Section
North Carolina Bar Association, Business Law Section
North Carolina Bar Association, Real Property Section

Represented a certified class of tobacco farmers from North Carolina, South Carolina, Virginia, Georgia, Alabama, and Florida holding a judgment exceeding $1 billion in complex Chapter 11 bankruptcy proceedings.
Appointed by multiple courts, including the North Carolina Business Court and various
bankruptcy courts, to serve as receiver in complex insolvency and business dispute matters,
including the receivership of a cultivated meat technology company.
Served as Chapter 7 Trustee in a Ponzi scheme matter, pursuing recoveries from numerous
defendants on behalf of the bankruptcy estate and its creditors.
Represented a North Carolina brick manufacturer in Chapter 11 reorganization proceedings,
guiding the company through restructuring efforts and emergence from bankruptcy.
Represented real estate development entities in Chapter 11 restructuring proceedings involving
distressed assets and complex creditor issues.
Advised creditors, debtors, trustees, receivers, and other stakeholders in complex bankruptcy,
workout, and restructuring matters.

Chambers USA (Bankruptcy/Restructuring, Band 3), 2023-present

Best Lawyers in America®, 2023-present

“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2011, 2020-2025

North Carolina Super Lawyers® – Business Litigation and Business/Corporate, 2022-2025

Awards & Recognition:

Chambers USA (Bankruptcy/Restructuring, Band 3), 2023-present
Best Lawyers in America®, 2023-present
“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2011, 2020-2025
North Carolina Super Lawyers® – Business Litigation and Business/Corporate, 2022-2025

American Bankruptcy institute member since 1998

Tom Waldrep

Partner

Tom Waldrep

Specialities

Appellate, Business Insolvency, Commercial Bankruptcy

Contact

Winston-Salem, NC

(336) 717-1280

twaldrep@waldrepwall.com

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Tom represents secured creditors, debtors, unsecured creditors’ committees, and trustees in business bankruptcy cases. He has served numerous times as a bankruptcy trustee and as a federal and state receiver. Tom has noteworthy experience in cases involving healthcare debtors, especially hospitals, and regularly represents private equity groups and other financial institutions in buying and managing distressed healthcare assets. He also has extensive experience in representing tort claimants in asbestos bankruptcies.

Tom was a United States Bankruptcy Judge with the United States Bankruptcy Court for the Middle District of North Carolina.

Tom served the North Carolina Bar Association in several different capacities. He is a frequent lecturer at continuing legal education seminars and law schools. Tom has authored articles on insolvency issues.

J.D. 1983 Indiana University School of Law | Managing Editor, Indiana Law Journal, 1982-1983
B.A. 1979 Purdue University

North Carolina, 1983
United States District Court, Middle District of North Carolina, 1983
United States District Court, Eastern District of North Carolina, 1983
United States Court of Appeals for the Fourth Circuit, 1984
United States District Court, Western District of North Carolina, 1992
Supreme Court of the United States of America, 1997
United States Court of Appeals for the Third Circuit, 2022

American Bankruptcy Institute
Federal Bar Association
National Association of Federal Equity Receivers
National Association of Bankruptcy Trustees
North Carolina State Bar
North Carolina Bar Association (Member – Bankruptcy Law Section)
Turnaround Management Association
Asbestos Litigation Group, American Association for Justice
North Carolina Bar Association
- Strategic Planning Committee, 2008-2011
- Board of Governors, 2001-2004
- Finance Committee, 2001-2004
- Chair, CLE Committee, 1998-2001
- Chair, Bankruptcy Section Council, 1995-1996
- Chair, Business Law Curriculum Committee, 1993-1995

Chair, Pastoral Council, Our Lady of Mercy Catholic Church, 2011-2015
President, Lewisville Civic Club, 2011-2013
Winston-Salem Family YMCA Board of Management, 2000-2001
Board of Directors, Piedmont Irish Children’s Summer Program, 1989-1999

“Bankruptcy as a Path Forward for Distressed Rural Hospitals” Co-authored with Jennifer B. Lyday and James C. Lanik, The Governance Institute’s Rural Focus Newsletter, November 2024
“Forensic Examinations,” Fraud Fighter Podcast, October 4, 2021. Listen here.
“Building An Ethical Foundation,” National Business Institute (February, 2010)
“Medicare and Medicaid Receivables: Recoupment or Setoff?” Vol. XXI No. 5 American Bankruptcy Institute Journal 18 (June 2002)
“Selected Ethical Issues in Bankruptcy: Employment of Special Counsel, Representation of Multiple Creditors, and Withdrawal from Representation of Individual Debtors,” 10 Journal of Bankruptcy Law and Practice 343 (2001)
Credit Card Receivables: What Are Those Little Slips of Paper?, Vol. XIV No. 5 American Bankruptcy Institute Journal 20 (June 1995)
The Classification of Credit Card Receivables: re: Brendle’s Stores, Inc., 100 Commercial Law Journal 355 (Fall 1995)
Appeals from the Bankruptcy Courts, North Carolina Bankruptcy Practice Manual Chapter XXIII (rev. ed. 1989)
Executory Contracts and Unexpired Leases, North Carolina Bankruptcy Practice Manual Chapter XIX (rev. ed. 1989)
Co-author and editor, Chapter 12 of the Bankruptcy Code- Family Farm Reorganization, 2 Bankruptcy and Reorganization 1987 81 (A. Quittner & L. Luger ed. 1987) (Commercial Law and Practice Course Handbook Series No. 442)
Representation of Farm Creditors and the New Chapter 12, 8 The Bankruptcy Lawyer 145 (June 1987), continued in 9 The Bankruptcy Lawyer 155 (September 1987)
Sections 9-307(1) and 1-201(9) of the Uniform Commercial Code: The Requirement of Buying From a Person in the Business of Selling Goods of That Kind, 58 Indiana Law Journal 335 (1983)

“Bankruptcy Update and Review,” Plaintiffs Asbestos Litigation Seminar (PALS), Las Vegas, NV, May 15, 2025
“Bankruptcy Update and Review,” Plaintiffs Asbestos Litigation Seminar (PALS), Las Vegas, NV, May 15, 2024
“Texas Two Step Bankruptcies (Canon 7),” Plaintiffs Asbestos Litigation Seminar (PALS), May 10, 2023, Las Vegas, NV
“Hot Topics in Bankruptcy 2022,” sponsored by the Turnaround Management Association (TMA), Chicago, IL, September 21, 2022
“Perspectives From the Field – Key Issues Impacting Healthcare in NC,” North Carolina Critical Access Hospital Statewide Meeting, Winston-Salem, NC, August 12, 2022
“Healthcare Bankruptcies,” 43rd Annual Bankruptcy Institute, online presentation, December 2020
“But I Am Afraid of Needles: The Sale of Healthcare Assets,” ABI 2020 Winter Leadership Conference, online presentation, December 2020
“Bankruptcy and Small Business: A Practical Course for Newcomers,” Wake Forest Law and Thomson Reuters, on-demand web series, August 2020
“COVID-19 Crisis and the Bankruptcy Courts–Counsels’ Perspective,” Federal Judicial Center, telephonic, June 19, 2020
“Strategies in Multi-Lateral Negotiations,” TMA Annual Meeting, Cleveland, Ohio, September 26, 2019
“Reviving Rural Hospitals – Healthcare in Transformation,” 2018 Turnaround Management Association Southeast Regional Conference & Capital Market, Naples, Florida, May 30-June 1, 2018
“Employment Law Concerns of Distressed Employers,” Western North Carolina Bankruptcy Seminar 2018, Charlotte, North Carolina, May 4, 2018
“Current Issues in Chapter 11 Cases,” 39th Annual Bankruptcy Seminar, Middle District of North Carolina, Durham, North Carolina, April 13-14, 2018
“Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?” Thirty-Fourth ABI Annual Spring Meeting, Washington, DC April 14-17, 2016
“Fiduciaries Gone Wild,” 38th Annual Bankruptcy Institute, Pinehurst, NC, November 6-7, 2015
“When Health Care Goes on Life Support: The Intersection Between Health Care and Bankruptcy Law,” Twentieth Annual ABI Southeast Bankruptcy Workshop, Amelia Island, FL, July 23-25, 2015
“Consent to Jurisdiction: Your Wellness Checkup,” South Carolina Bankruptcy Law Association Monthly Meeting, Columbia, SC, June 18, 2015
“A View from the Bench and Beyond,” TMA Carolinas Conference, Charlotte, NC, December 5, 2011 and December 3, 2012
“Ethical Issues in Bankruptcy Litigation,” Federal Bar Association 2011 Fall Banquet & CLE, Greensboro, NC, October 25, 2011
“Jaunty Judicial Debates: Resolved: The bankruptcy court has unfettered discretion in applying sanctions,” 7th Annual ABI Mid-Atlantic Bankruptcy Workshop, Hershey, PA, August 4-6, 2011
“Judicial Notice and Objections at Trial,” 30th Annual Bankruptcy Institute, Wilmington, NC, November 16-17, 2007
“Sales of Businesses in Bankruptcy,” Hot Topics for a Cool Economy, Business Law Section Annual Meeting, Pinehurst, NC, February 21, 2003
“Conflicts in Multiple Commercial Creditor Representation,” ABI Central States Bankruptcy Workshop, Traverse City, MI, June 6-9, 2002
“Ethical Dilemmas for Creditors’ Attorneys: Problems and Pitfalls in Multiple Representations,” ABI Winter Leadership Conference, Carlsbad, CA, November 29-December 1, 2001
“Bankruptcy Primer for Healthcare Providers,” New Developments in Health Law, Health Law Section Annual meeting, Research Triangle Park, NC, April 27, 2001
“The Ins and Outs of a Liquidating Chapter 11,” 23rd Annual Bankruptcy Seminar, Middle District of North Carolina, Southern Pines, NC, December 1-2, 2000
“Preparing for Litigation of Discharge Issues,” 21st Annual Bankruptcy Institute, Raleigh, NC, November 20-21, 1998
“Conflicts of Interest: Clear Sailing or Stranded on the Island?” 3rd Annual ABI Southeast Bankruptcy Workshop, Daufuskie Island, SC, August 6-9, 1998
“Practical Legal Ethics for the Bankruptcy Practitioner,” Eastern Bankruptcy Institute, Inc. Annual Seminar, Wrightsville Beach, NC, May 28-29, 1993
“Joint Administration and Substantive Consolidation,” 8th Annual Bankruptcy Seminar, Middle District of North Carolina, Southern Pines, NC, May 29-30, 1987
“Chapter 12 of the Bankruptcy Code – Family Farm Reorganization,” The Federal Land Bank of Columbia, Bankruptcy Seminar, Columbia, SC, February 13, 1987
“Farm Collateral,” 9th Annual Bankruptcy Law Institute, Raleigh, NC, December 5-6, 1986
“Executory Contracts and Unexpired Leases,” 6th Annual Bankruptcy Seminar, Middle District of North Carolina, Mid Pines Resort, Southern Pines, NC, May 31-June 1, 1985
“Representing Creditors Secured by Real Estate,” 7th Annual Bankruptcy Law Institute, Charlotte, NC, December 7, 1984

Served as Chapter 11 trustee for seven jointly owned rural hospitals located across North Carolina, Oklahoma, Kansas, and Missouri, overseeing ongoing operations, hospital sales, and litigation arising from a healthcare billing fraud scheme.
Represented Morehead Memorial Hospital in its Chapter 11 bankruptcy proceeding, guiding the
hospital through restructuring and operational challenges.
Represents Northern Regional Hospital in connection with its pending sale process to a regional
healthcare system.
Represented hospitals and healthcare providers in Chapter 11 proceedings involving operational
restructurings and sales through competitive bidding processes.
Advised purchasers in acquisitions of acute care hospitals and healthcare facilities in North
Carolina and Virginia.
Represented the State of North Carolina in the Purdue Pharma Chapter 11 bankruptcy
proceedings arising from nationwide opioid litigation.
Represented numerous mesothelioma law firms in complex Texas Two-Step asbestos bankruptcy
proceedings, including the LTL Management Chapter 11 case.
Served as counsel to the creditors’ committee in the Headway Workforce Solutions Chapter 11
case in the Eastern District of North Carolina.
Represented a Chapter 7 trustee in a payroll services fraud matter involving more than 200
adversary proceedings.
Served as receiver for a North Carolina trucking company in connection with insolvency and
business operations matters.
Served as outside general counsel to one of the nation’s largest assisted living operators,
providing strategic legal guidance on operational, regulatory, and business matters.
Represented eleven jointly owned assisted living facilities in Chapter 11 restructuring
proceedings in the Western District of North Carolina.
Served as counsel to creditors’ committees in significant Chapter 11 proceedings involving
healthcare, agriculture, restaurant, and workforce services businesses.

Chambers USA (Bankruptcy-Restructuring / Band 1), 2015-present

The Best Lawyers in America® (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law), 2015-present

North Carolina Super Lawyers® (Bankruptcy), 2018-present

“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2001-2004, 2015-present

Excellence in Leadership Award, YMCA of Greater Winston-Salem, 1999

Awards & Recognition:

Chambers USA (Bankruptcy-Restructuring / Band 1), 2015-present
The Best Lawyers in America® (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law), 2015-present
North Carolina Super Lawyers® (Bankruptcy), 2018-present
“Legal Elite” in Bankruptcy Law in North Carolina, Business North Carolina, 2001-2004, 2015-present
Excellence in Leadership Award, YMCA of Greater Winston-Salem, 1999

rated by super lawyers Thomas W. Waldrep, Jr. 5 years

Jim Wall

Partner

Jim Wall

Specialities

Healthcare, Corporate, Bankruptcy

Contact

Winston-Salem, NC

(336) 722-2900

jwall@waldrepwall.com

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Bio

Jim represents entrepreneurs and businesses in a wide array of transactions and governance issues. He has significant experience representing health care providers and other clients in the health care field including management service organizations, physician practices, physician-owners of ambulatory surgery centers, and physician practices that have relationships with management service organizations. He has extensive experience helping providers and MSOs navigate North Carolina’s corporate practice of medicine doctrine and other regulatory paradigms. He also has assisted health care entities address recapitalization and insolvency issues. Additionally, Jim advises executives in connection with their employment relationships, including negotiation of employment and separation agreements.

Prior to being a founding member of Waldrep Wall Babcock & Bailey PLLC, Jim founded and managed Wall Babcock LLP. Prior to that, Jim practiced as a partner with Kilpatrick Stockton in its corporate and health care departments. Earlier in his career, Jim was a director of Bell, Davis & Pitt, P.A., where he practiced in the firm’s corporate, health care, and insolvency sections.

Jim is a 1986 graduate of the College of William and Mary, where he was elected to Beta Gamma Sigma, the national business honor society. He is a 1989 graduate of the University of Virginia School of Law. He is admitted to practice in North Carolina, Georgia, and Virginia.

J.D. 1989 University of Virginia School of Law
B.B.A. 1986 College of William & Mary, Accounting; Beta Gamma Sigma

Georgia, 1989
North Carolina, 1991
Virginia, 2014

North Carolina Bar Association, Health Law Section (Chair, 2014-2015; Vice Chair, 2013-2014; Council, 2008-2015)
North Carolina Bar Association, Business Law Section, Member
North Carolina Bar Association, Bankruptcy Law Section (Council, 1995-1998; Treasurer, 1996-1997)
North Carolina Bar Association, Young Lawyers Division (Executive Council, 1995-1997)
American Health Law Association (Fraud & Abuse, Labor & Employment, Hospitals and Health Systems, HMOs and Health Plans, Physician Organizations and Long-Term Care Substantive Law Committees)
North Carolina Society of Health Care Attorneys
American Bankruptcy Institute

Boad Member, Crisis Control Ministries, 2023-present

Executive Committee, Crisis Control Ministries, 2025-present

School Board, St. Leo Parish School, 2019-2023

Coach, NC Spartans AAU Basketball, (2020-present); St. Leo Parish School Middle School Basketball, 2012-2023.

Health Care Publications

“The Duties of Board Members in Potentially Distressed Organizations,” The Governance Institute’s Rural Focus Newsletter, June 2024
“Do Not Focus Only on Salary: Points to Consider Before Signing a Physician Employment Contract,” North Carolina Psychiatric Association, March 2024 Newsletter
“Tips For Preparing Your Practice For Sale,” Medical Professionals-Triad, June 2023
“Can They Really Do That? FTC Proposes Ban of Non-competes. ,” Medical Professionals-Triad, April 2023
“Some Doctors Fed Up With MSO Model,” Medical Professionals-Triad, February 2023
“NC Medical Board Proposes Position Statement on Licensee Employment With Hospitals, Group Practices and Other Health Systems,” Medical Professionals-Triad, December 2022
“Selling Your Practice? Consider These Issues First,” Medical Professionals-Triad, October 2022
“Mitigating the Risks of Being a “Friendly” Physician,” Medical Professionals-Triad, August 2022
“Is Your Pay Plan Stark Compliant?” Medical Professionals-Triad, June 2022
“Jury Still Out on Executive Order Regarding Non-Competes,” Medical Professionals-Triad, February 2022
“Can You Sell Your Practice to Private Equity?” Medical Professionals-Triad, November 2021
“Physician Employment Agreements Analyzed,” American Health Lawyers Association, 2004
“Stark Phase II Regulations Finally Issued,” M.D. News, May 2004
“Study Shows Rising Malpractice Premiums Affect Care,” M.D. News, January 2004
“HIPAA Consult,” Medical Economics, December 5, 2003
“CMS Announces Final EMTALA Rule,” M.D. News, November 2003
“Cap on Malpractice Awards Shown to Attract Doctors,” M.D. News, August 2003
“Can I Really Get in Trouble for Not Complying with HIPAA?”, M.D. News, June 2003
“CMS Addresses On-Call Obligations Under EMTALA, or Does It?” M.D. News, September 2002
“Court of Appeals Holds Cost Sharing Arrangement Is Not a Covenant Not to Compete,” M.D. News, July 2002
“HHS Proposes Amendments to Privacy Regulations,” M.D. News, May 2002
“Make Sure the Water is Warm Before You Jump In: Points to Consider Before Becoming an Owner in a Medical Practice,” M.D. News, April 2002
“A Rose By Any Other Name… HCFA Changes Its Name,” M.D. News, August 2001
“Don’t Mess with Texas: Texas Medical Association Joins Racketeering Suit Against Managed Care Plans,” M.D. News, June 2001
“Easley Proposes Patients’ Bill of Rights,” M.D. News, May 2001
“DHHS Releases HIPAA Privacy Regulations,” M.D. News, April 2001
“HCFA Issues the First of Two Parts of Final Stark II Rule, Finally,” M.D. News, March 2001
“You Can Pay Me Late or You Can Pay Me Later — A Look at North Carolina’s Prompt Claims Payment Provisions,” M.D. News (February 2001
“Smack Dab in the Middle — Don’t Hold Your Breath Waiting for the 107th Congress to Shake Up Health Care,” M.D. News, January 2001
“Ayudame! A Physician’s Obligation to Provide Services to Individuals with Limited English Proficiency,” M.D. News, December 2000
“Negotiating a Managed Care Contract,” M.D. News, November 2000
“HCFA Initiative Provides New Guidelines for Medicaid Fraud and Abuse,” M.D. News, October 2000
“We’re from the Government, and We’re Here to Help,” M.D. News, September 2000
“California Supreme Court Requires Fair Procedure when Delisting a Physician without Cause,” M.D. News, July 2000
“How to Fire a Patient without Getting Burned,” M.D. News, June 2000
“Is It Possible that You Could Be Making Too Much?,” M.D. News, May 2000
“Physician Employment Contracts: Get It Right,” M.D. News, April 2000
“‘Breaking Up Is Hard To Do’ How to Handle Your Professional Divorce,” M.D. News, March 2000
“Not So Fast: Think Twice Before Getting Rich Quick Prescribing Medicine Online,” M.D. News, January 2000
“ERISA Preemption: What it Means to You,” M.D. News, December 1999
“Forming a Group Practice,” M.D. News, November 1999
“Anatomy of a Lawsuit, M.D. News, October 1999
“Reducing the Risk of Ending Up On The Wrong Side of the ‘v’,” M.D. News, August 1999
“Stark Raving Mad,” M.D. News, July 1999
“Patients’ Bill of Rights: What the American People Want,” Vol. 3, No. 2, Young Physicians 6, February 1999
“Health-Care Reform, What to Expect in 1999,” Vol. 3, No. 1 Young Physicians 18, January 1999
“The Family and Medical Leave Act, How Does It Affect Physicians?”, Young Physicians, October 1998
“Anatomy of a Malpractice Lawsuit,” Vol. 2, No. 6, Young Physicians 7, June 1998
“How to Reduce Your Risk of Being Sued,” Vol. 2, No. 5, Young Physicians 7, May 1998
“Shopping for Your First Malpractice Insurance,” Vol. 2, No. 4, Young Physicians 10, April 1998
“Privacy of Medical Records,” Vol. 2, No. 2, Young Physicians 13, February 1998
“Any Willing Provider Laws,” Vol. 1, No. 8, Young Physicians 23, August 1997
“First Employment Contracts: Warnings for Residents,” Vol. 43, No. 2, Resident & Staff Physician 61, February 1997
“The New Physician’s First Employment Contract,” Vol. 4, No. 10, Life in Medicine 7, July 1996

Commercial and Corporate Law Publications

“Supreme Court Severs Tenancy by the Entirety For Collection of Taxes,” M.D. News, June 2002
“When Bankruptcy Collides with Your Practice,” M.D. News, July 2001
“Getting Rid of a Problem Employee,” M.D. News, August 2000
“Eight Ways to Stick it to Your Kids: Easy Estate Planning Mistakes,” M.D. News, Co-author, June 1999
“Ready, Aim, Fired! How to Fire a Medical Office Employee,” Vol. 1, No. 10 Young Physicians 10, October 1997
“Asset Protection Planning,” Vol. 1, No. 2, Young Physicians 25, February 1997
“All You Need to Know About Negotiating You Learned in Kindergarten,” Vol. 5, No. 3, Life in Medicine 6, December 1996
“Choosing a Good Lawyer — Before a Bad One Chooses You,” Vol. 4, No. 12, Life in Medicine 6, September 1996
“The Classification of Credit Card Receivables: In Re Brendle’s Stores, Inc.,” 100 Comm. L.J. 355, Co-author, Fall 1995
“Goldmine or the Shaft? A Brief Look at the Dischargeability of Property Settlements Under the 1994 Bankruptcy Act,” 13 General Practice 1, January 1996
“Credit Card Receivables: What Are These Little Slips of Paper?” 14 American Bankruptcy Institute Journal 20, June 1995
“Equitable Subrogation Blocks Trustee’s Strong Arm,” 16 The Bankruptcy Lawyer 5, June 1995
“Introduction to Bankruptcy,” Practical Skills Course, North Carolina Bar Association,1995 and 1996
“Executory Contracts and Unexpired Leases,” North Carolina Bankruptcy Practice Manual, North Carolina Bar Association, 1994
“4th Circuit Adopts New Definition of ‘Household Goods’ for Lien Avoidance Purposes,” 13 The Bankruptcy Lawyer 4, June-July 1992
“Enforcing Assignments of Rent in Bankruptcy,” 11 Notes Bearing Interest 7, 1990

“Physician Employment Contracts,” American Health Lawyers Association, Physician and Physician Organizations Law Institute, February 2004
“Ten Pitfalls for the Young Physician,” North Carolina Academy of Family Physicians, Annual Presentations, 2002-2003
“The Light at the End of the Tunnel Could Be a Train Coming Your Way – A Look at a Physician’s First Employment Contract,” North Carolina Baptist Hospital, Residency Programs, 1995-2003
“Negotiating a Managed Care Contract,” Association of Medical Group Managers, Winston-Salem, NC, 2000
“A Physician’s First Employment Agreement,” North Carolina Academy of Emergency Physicians, 1998

Represented a community hospital in the sale of its assets to a regional healthcare system.
Advised a group of surgeons in separating from a management services organization (MSO)
undergoing Chapter 11 bankruptcy proceedings and affiliating with a regional healthcare
provider.
Represented a multi-site dental practice in terminating its relationship with a distressed dental
services organization (DSO) and transitioning to a more financially stable management platform.
Advised an oral surgery practice in the sale of assets to a DSO and subsequent affiliation with a
larger provider group.
Counseled multi-site healthcare practices in the development and expansion of clinical locations
throughout North Carolina.
Represented a physician practice with more than 60 providers in connection with its affiliation
with a management services organization.
Counseled hundreds of physicians and healthcare executives regarding employment
agreements, compensation arrangements, restrictive covenants, and severance matters.
Advised a large group of orthopedic physicians in joining a multi-site, single-specialty physician
organization.
Represented a group of surgeons in their departure from an ambulatory surgery center and
related non-compete and restrictive covenant matters.
Counseled a large group of primary care physicians negotiating employment arrangements with
a regional healthcare provider.
Advised physicians, physician practices, and management services organizations regarding North
Carolina’s corporate practice of medicine doctrine and related regulatory considerations.
Represented infertility specialists in separating from a financially distressed management
services organization and restructuring their practice relationships.
Provided post-transaction counsel to physician practice owners regarding governance,
contractual rights, and protection of interests following management company defaults.

Chambers USA (Healthcare, Band 2), 2025

Chambers USA (Healthcare, Band 3), 2024

The Best Lawyers in America® (Corporate Law, Healthcare Law), 2007-present

BestLawyers Lawyer of the Year, Corporate Law, Greensboro, (2012)

North Carolina Super Lawyers® (Healthcare)

Awards & Recognition:

Chambers USA (Healthcare, Band 2), 2025
Chambers USA (Healthcare, Band 3), 2024
The Best Lawyers in America® (Corporate Law, Healthcare Law), 2007-present
BestLawyers Lawyer of the Year, Corporate Law, Greensboro, (2012)
North Carolina Super Lawyers® (Healthcare)

rated by super lawyers James D. (Jim) Wall 5 years

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