Just as health care is becoming increasingly complex, so are the legal matters facing health care clients. At DurretteCrump, our attorneys provide individualized, innovative counsel regarding general corporate matters including acquisitions and reorganizations, tax matters and tax-exempt issues, real estate and facility construction matters, capital finance and reimbursement issues, and compliance with federal and state health laws. Our attorneys also have extensive experience representing health care clients in litigation and regulatory matters including government investigations, civil and criminal fraud prosecutions and payment disputes.
Kenneth D. McArthur, Jr. is the Chairman of the Health Care Practice Group.
Practice Area Experience
Our experienced legal team has represented a variety of health care industry clients including:
- Buying groups
- Durable medical equipment suppliers
- Emergency services providers
- Health plan sponsors (self-insured and fully-insured)
- Health-related businesses
- Health systems
- Home health care providers
- Hospice providers
- Long-term care facilities
- Managed care organizations
- Medical practices
- Nurse practitioners
- Physician Assistants
- Physical therapists
Current economic times are making bankruptcy issues more complex—and more common. Whether you are a business owner, unsecured creditor, bankruptcy trustee or financial institution, our attorneys understand you need strategic solutions and innovative, individualized counsel to guide you through the legal process and help you achieve your goals.
At DurretteCrump, our experienced team of professionals represents individuals and corporations in bankruptcy proceedings including informal workouts, Chapter 11 bankruptcy reorganizations and complex Chapter 7 bankruptcy liquidations for businesses and solo practitioners. We also have experience bringing and defending adversary proceedings for recovery of preferences and determining of discharge ability. Our attorneys regularly appear in the bankruptcy courts of the Eastern and Western Districts of Virginia as well as jurisdictions outside the Commonwealth to properly represent your interests.
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Practice Area Experience
- Pre-bankruptcy planning and consulting
- Representation of debtors, creditors, governmental entities, trustees and committees in Chapter 7 and 11 cases
- Contested matters, adversary proceedings and appellate proceedings
- Preferential transfer and fraudulent conveyance actions
- Debtor-in possession financing and leasing
- Dischargeability contests
Creditors’ Rights and Related Areas
- Financing, restructuring and acquisition of troubled businesses
- Commercial, real estate and equipment lending, financing and leasing Secured transactions
- Accounts receivable, financing and factoring
- Loan workouts
- Attachment, repossession, collection, deficiency and detinue (replevin)
- Foreclosures and liquidations
- Contests involving negotiable instruments
- Tax matters
- Landlord and tenant matters
- Mechanics’ lien and other lien contests
Representative Clients & Services
The firm’s lawyers provide regular counseling and representation to a diverse group of clients in many industries in this practice area. Representative clients range from individuals to governmental entities and Fortune 500 companies. The firm often serves as local counsel and receives many conflict referrals from national law firms.
Examples of clients and cases include:
- Chapter 11 debtor’s counsel in reorganization of real estate development company involving over $40 million in secured claims.
- Represented 40 creditors holding approximately $40 million in claims in the LandAmerica 1031 Exchange Services, Inc.
- Represented various creditors including former employees in Circuit City Stores, Inc. Chapter 11.
- Defended major national mortgage lender in a $5.2 million fraudulent conveyance action brought by Chapter 11 trustee.
- Represented numerous Chapter 7 trustees in adversary proceedings brought to recover assets for the benefit of creditors.
- Defended debtor in an adversary proceeding seeking to have $700,000 claim deemed non-dischargeable.
- Represented various banks’ interests in bankruptcy proceedings including seeking relief from stay from the automatic stay.
- Chapter 11 debtor’s counsel in reorganization of state-wide mattress retailer.
- Represented various debtors’ interest in Chapter 7 and 11 in the healthcare, agribusiness, and construction industries.
- Represented equity holders in the Chapter 11 bankruptcy of the nation’s largest furniture retailer
A rather surprising bill made early strides before the House this session. The House Courts of Justice Civil Subcommittee recommended approval of HB 465. The Bill as introduced was as follows:
Jury verdict; excess damages; amendment of pleadings. Allows a court, in the event a jury returns a verdict for damages in excess of the amount requested, to amend the pleadings to conform them to the amount awarded and enter a judgment for such damages
Such a bill would have dramatically changed the state of law in Virginia. Not only would the ad damnum have been effectively rendered superfluous, but runaway verdicts could abound under such a rule. On January 27, 2010 the bill was Passed by indefinitely in the Courts of Justice Committee.