Lawyer Bio : Rory D. Whelehan

Rory D. Whelehan

Greenville

Rory Whelehan is a bankruptcy and creditor rights lawyer with over 20 years of experience. He concentrates his practice primarily on chapter 11 cases and assorted bankruptcy litigation matters as well as out-of-court workouts and debt restructurings. Mr. Whelehan has represented all major constituents in chapter 11 cases, including secured creditors, debtors, creditor committees, trade creditors, and equity security holders. He appears regularly in bankruptcy courts throughout North Carolina (Charlotte, Raleigh, Greensboro, Winston-Salem, Durham and Asheville) and South Carolina (Charleston, Columbia an Spartanburg). In addition, Mr. Whelehan has appeared in cases pending in New York, Wilmington, Atlanta, Dallas, and Tampa.

Mr. Whelehan spent the first 10 years of his law practice in the Firm’s Winston-Salem Office and then relocated to South Carolina in 1999 upon the opening of the Greenville Office. His chapter 11 practice focuses primarily on the representation of financial institutions (banks and life companies) as well as trade creditors in connection with committee work, reclamation demands, and preference and fraudulent transfer litigation. In connection with his various bankruptcy litigation matters, he has successfully tried non-dischargeability cases, contested chapter 11 plan confirmation cases, and bankruptcy/environmental matters.

Mr. Whelehan’s chapter 11 experience has touched on numerous financially-distressed industries, including aviation, textile, big-box retail and petroleum/convenience stores. In addition to his litigation work, Mr. Whelehan has provided extensive advice and assistance in workouts and debt restructurings for various financial institutions. He has provided bankruptcy legal opinions in connection with various sophisticated financial transactions, including non-consolidation, fraudulent transfer, and automatic stay opinions. Mr. Whelehan has also represented litigations in bankruptcy appeals both at the federal district court level in North Carolina as well as appearing at the Fourth Circuit in Richmond, Virginia. In addition to his bankruptcy and creditor rights work, Mr. Whelehan also represents various financial service lenders and credit providers in consumer financial services litigation.

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Professional Activities

Bar Admissions
North Carolina, 1989
South Carolina, 1989

Legal Specialization

North Carolina: Business Bankruptcy and Consumer Bankruptcy Specialist (North Carolina State Bar) South Carolina: Bankruptcy and Debtor-Creditor Specialist
(South Carolina Supreme Court)

Memberships

American Bankruptcy Institute
Turnaround Management Association
American Bar Association (Business Law Section and Litigation Section)
South Carolina Bar (Bankruptcy Specialization Committee, 2004 -- present)
Greenville County (Greenville, SC) Bar Association

Education

B.A. in International Studies, University of South Carolina, magna cum laude, 1986 (Phi Beta Kappa; With Honors from South Carolina College -- The Honors College of the University of South Carolina) B.S. in Economics, University of South Carolina, magna cum laude, 1986 (Phi Beta Kappa; With Honors from South Carolina College -- The Honors College of the University of South Carolina) J.D., University of South Carolina School of Law, 1989 (Order of Wig and Robe, Honorable Strom Thurmond Scholarship, South Carolina Trial Lawyers' Scholarship, American Jurisprudence Prize: Torts I) 

Publications

Author - North Carolina Middle District Case Update; Eighteenth Annual North Carolina Bankruptcy Institute (1995); Foreclosure and Repossession in North Carolina, National Business Institute, Inc. (1992); "Bankruptcy and the Secured Creditor," North Carolina Foreclosure and Repossession, National Business Institute, Inc. (1994); "Personal Property - Bankruptcy: Case Update 1991," Foreclosure and Repossession in North Carolina, National Business Institute, Inc. (1992); The European Parliament: Prime Mover of European Integration?, Senior Thesis, South Carolina College (1986).

Co-Author
- Current Chapter 11 Confirmation Issues, Middle District of North Carolina Bankruptcy Seminar (1996); "Fresh Start or Fresh Air: The Competing Policies of Bankruptcy Law and Environmental Protection," Mecklenburg County Bar (1995); Treatment of Guaranties in Bankruptcy, initially presented to Mecklenburg County Bar (1991), and updated for Middle District of North Carolina Bankruptcy Seminar (1994); "Fresh Start or Fresh Air: The Competing Policies of Bankruptcy Law and Environmental Protection," 35 For the Defense 19 (1993); Ethical Considerations in Bankruptcy Practice: Update 1990-1993, Middle District of North Carolina Bankruptcy Seminar (1993).

Contributing Author
- Post-Trial, Pre-Appeal Tactics, Thirteenth Annual North Carolina Bankruptcy Institute (1990); "Claims Allowance and Priorities Under Sections 502, 503 and 507 of the Bankruptcy Code" Individual & Business Bankruptcy 1990 (Wake Forest University Continuing Legal Education (1990).

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