Lawyer Bio : William B. Sullivan

William B. Sullivan

"Bill"

Winston-Salem

A Fellow in the American College of Bankruptcy, a Board Certified Specialist in Business Bankruptcy Law, and a trial lawyer with more than 30 years of experience, Bill Sullivan’s practice consists largely of representing defendants and plaintiffs in litigation involving financial disputes; creditors in business bankruptcy and insolvency proceedings; and commercial mortgage backed securities (“CMBS”) trusts and their special servicers in connection with defaulted loans. His litigation experience includes mediations, arbitrations, jury and bench trials, and appellate work. Bill’s bankruptcy experience covers all manner of litigation and transactional matters, e.g., involuntary petitions; avoidance actions; relief from stay proceedings; reclamation claims; sale and use of estate assets outside the ordinary course of business; unexpired leases and executory contracts; post-petition financing; motions to convert and/or appoint a trustee or examiner; resolution of claims’ objections; sale of bankruptcy claims; disclosure statements and plan confirmations; and post-confirmation disputes. His work on defaulted CMBS loans includes receiverships, foreclosures, guaranty litigation, and negotiating and documenting forbearance, modification, and other agreements with borrowers. Bill is AV rated and listed in The Best Lawyers in America, NC Super Lawyers, and NC Legal Elite.

Recent Illustrative Representations 

  • Sealy Mattress Company and affiliates in preference, executory contract, administrative claim, reclamation claim, committee, and other matters in Wickes, Levitz, Gallery Corp., Rhodes and other retailer bankruptcies. 
  • Larry Bertsch, as Nevada court-appointed receiver, in asserting $37 million fraud, unjust enrichment, trust and other claims against a Delaware chapter 11 debtor, MediCor, and its French and Danish non-debtor subsidiaries. 
  • Universal Furniture International, Inc. in defending $3 million preference action in Georgia. 
  • Windsor Development Company and other parties in defending contract claims by North Carolina chapter 11 golf course owner/operator. 
  • CMBS trust lenders and their special servicer, LNR Partners, Inc., in obtaining receivers appointed in North Carolina, South Carolina and Virginia in connection with defaulted loans. 
  • Columbus Bank & Trust in pursuing RICO and other fraud claims against guarantor, a Georgia chapter 11 debtor, and in replacing debtor-in-possession with chapter 11 trustee.
  • Kohler and Co. and affiliate in asset purchase, partially from Connecticut bankruptcy estate and partially from related non-debtor entity.
  • Numerous trade creditor and other business clients in defending preference and fraudulent transfer actions in Delaware, New York, Florida, Texas, Georgia, North Carolina, and other states.
  • Trustee (serving as both trustee and counsel) of Kora & Williams Corp. in Maryland chapter 7 case, recovering over $18 million from District of Columbia and distributing to creditors full amount of their allowed claims plus interest.

Additional Biography Info

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Professional Activities

Fellow, American College of Bankruptcy
Fellow, American Bar Foundation
Member, American Bar Association – Business Bankruptcy Committee
Member, American Bankruptcy Institute

Admitted to bar: 1990, North Carolina

Admitted to practice before United States Supreme Court, the United States Courts of Appeal for the District of Columbia, Third, Fourth, Sixth, and Eleventh Circuits, and various federal district and bankruptcy courts.

Education

B.A., 1967, University of Virginia; magna cum laude; Honors Program in Economics; Phi Beta Kappa; Phi Eta Sigma; Raven Society; J.D., 1970, Harvard Law School; cum laude; Editor, Harvard Legal Commentary.

Prior Legal Experience

Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC - Partner, Head of Bankruptcy Department, 1982-90; Associate and Partner in Antitrust and Commercial Litigation Departments - 1970-1982; Consultant to Finnish Ministry of Justice and Finnish Bankers' Association on Proposed Reorganization Legislation, Helsinki, Finland, 1991.

Publications

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Covers Corporate Debtors Too, National Law Journal (July 11, 2005);

Hot Topics in Commercial Bankruptcies, 20th Annual Bankruptcy Institute, North Carolina Bar Foundation (December 1997);

Will Revocation of Automatic Reference Become the Norm? The Bankruptcy Strategist (March 1997);

Current Chapter 11 Confirmation Issues, Middle District of North Carolina Bankruptcy Seminar (1996);

Chapter 11 Bankruptcy and Restructuring Debt and Leases, The Attorney and the Troubled Company, sponsored by Anderson Baum an T ourtellot Vos & Company (November 1995);

Going Out of Business Sales in Retail Bankruptcies, TurnAround Newsletter of Anderson Bauman Tourtellot Vos & Company, Volume 4, No. 1 (Spring 1994);

Retail Debtors in Chapter 11: Financing, Business Plan, Leases, and Merchant Card Agreements, 16th Annual Bankruptcy Institute, North Carolina Bar Foundation (December 1993);

Post-Trial, Pre-Appeal Tactics, 13th Annual Bankruptcy Institute, North Carolina Bar Foundation (December 1991).