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David M. Grogan

Partner
101 South Tryon Street
Suite 2200
Charlotte, NC 28280
Direct704.945.2143
Fax704.332.1197
dgrogan@slk-law.com

Assistant

Cheryl Elgin
Direct704.945.2182
celgin@slk-law.com

In practice for more than three decades, David has extensive experience in representing secured and unsecured creditors in bankruptcy and non-bankruptcy restructuring. He has frequently represented unsecured creditors and creditors' committees in a variety of bankruptcy courts inside and outside the Carolinas, including Delaware and New York, and has represented chapter 11 debtors in reorganizing their business.

David has managed virtually every aspect of bankruptcy and insolvency matters, including pre-bankruptcy planning for creditors and debtors.  This practice has included filing and opposing motions for relief from stay, motions for debtor in possession financing, and chapter 11 plans and their confirmation issues.  He has substantial experience in defending preference claims brought by bankruptcy estates, having resolved nearly 200 such claims for which payment of over $100 million was demanded.

Representative Matters

  • Wahosky v. American & Efird:  Representation in all aspects, including briefing and oral argument, on behalf of a preference defendant that set a precedent in Delaware for a critically stronger subsequent new value defense to preference claims.
  • In re Cox & Schepp:  Successfully reorganized chapter 11 commercial construction company.
  • In re Collins & Aikman:  Resolved nine preference claims aggregating in excess of $17 million for less than 2 percent of the amount demanded.
  • In re Action Steel Supply:  Represented creditors committee in Indianapolis chapter 11 case.
  • In re Lovable:  Represented creditors committee in Atlanta chapter 11 case and caused competitive asset auction that increased unsecured creditor distribution from zero to 50 percent.
  • In re GTAT:  Resolved preference claims aggregating in excess of $4 million for less than 2 percent of the amount demanded.
  • In re Hechinger:  Resolved preference claim of nearly $6 million for less than 2 percent of the amount demanded.

Honors

  • North Carolina Legal Elite by Business North Carolina magazine, 2013

Professional and Community Affiliations

  • Mecklenburg County Bar Association
  • North Carolina Bar Association
  • American Bankruptcy Institute

Alternate biographies

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Assistant


Education

  • J.D., with honors, Duke University, 1984
  • B.S., magna cum laude, Florida State University, 1971

Bar and Court Admissions

  • North Carolina, 1993
  • Georgia, 1992, Inactive
  • Oregon, 1984, Inactive

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