Eric T. Ray is a Partner of the firm and is a member of the Creditors Rights & Bankruptcy and Litigation practice groups. Eric's practice regularly includes the representation of utilities, financial institutions, lenders and other creditors in chapter 11 bankruptcy cases, adversary proceedings and other types of commercial litigation throughout the country. Mr. Ray is experienced in all facets of creditor representation and routinely represents creditors with respect to adequate assurance of payment, DIP financing, asset sales and purchases, executory contracts, preference litigation, bankruptcy appellate proceedings, out-of-court workouts and subprime litigation. He also represents creditors in collection matters and real property litigation in state and federal courts. In addition, Eric counsels the firm's utility clients in the development and implementation of client specific bankruptcy and collection related policies and procedures.
Representative Experience
· Multiple representations of utilities in obtaining adequate assurance of payment from bankrupt customers.
· Represent utility in resolving multiple issues arising out of transmission service and interconnection agreements to which debtor was a counterparty.
· Represent secured lender in connection with provision of DIP financing to debtor.
· Represent lenders and loan servicers in adversary proceedings resulting from subprime mortgage market collapse.
· Represent factoring company in litigation against account debtor following conversion of payments by account creditor.
· Represent utility in appeals of bankruptcy court orders.
· Represent creditor in investigation by U.S. Bankruptcy Trustee into creditor's billing practices in Chapter 13 cases.
· Represent title insurer and closing agent in litigation involving lien priority and allegations of fraud.
· Nationwide representation of defendants in preference lawsuits.
Professional Activities
· Alabama State Bar
· Mississippi Bar Association
· Birmingham Bar Association
· American Bankruptcy Institute
· American Bar Association
· Utility Bankruptcy Conference Committee Member
· Listed in The Best Lawyers in America, 2010 - Present
News
May 10, 2011, Balch & Bingham Ranks Among the Top in Alabama Super Lawyers 2011
Speaking Engagements
October 17-18, 2007, Fourteenth Annual Utility Bankruptcy Conference
September 24, 2007, Bankruptcy Law and Procedure From Start to Finish
October 25, 2006, Thirteenth Annual Utility Bankruptcy Conference
January 27, 2005, Bankruptcy in Alabama: A Creditor's Perspective
October 14, 2003, Commercial Leases: Drafting, Enforcing and Litigation