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Bankruptcy, Preference Claim Defense, Non-Bankruptcy Workouts and Non-Bankruptcy Liquidations
Mr. Higgs has retired from the active practice of law after nearly 40 years. Requests for consultations, arbitrations, mediations, and expert witness testimony are considered on a case-by-case basis. Bankruptcy Mr. Higgs practiced bankruptcy law for nearly 40 years, and is a co-author of the Virginia Lawyers Practice Handbook, Bankruptcy Practice in Virginia, published by the Virginia Law Foundation. He has been Board Certified by the American Board of Certification in Consumer Bankruptcy Law for over 27 years. Mr. Higgs was a Chapter 7 Bankruptcy Trustee in the United States Bankruptcy Court for the Western District of Virginia from 2016 to 2025. Mr. Higgs' bankruptcy practice was limited to representing creditors. He handled sophisticated issues arising in the bankruptcy arena, with experience ranging from the recovery of assets in Chapter 7 and Chapter 13 consumer bankruptcy cases to the most complex issues involved in Chapter 11 business reorganizations and liquidations. He regularly appeared in the United States Bankruptcy Court for the Western District of Virginia, where the Court sits in Abingdon, Charlottesville, Danville, Harrisonburg, Lynchburg, Roanoke and Staunton. He also regularly appeared in the United States Bankruptcy Court for the Eastern District of Virginia, either in person, remotely, or through a network of highly experienced local counsel.
Consumer Bankruptcy Cases Mr. Higgs worked efficiently and economically in protecting creditors' rights in consumer bankruptcy cases, including motions for relief from stay, objections to confirmation, and other issues that routinely arise in consumer bankruptcy cases in Chapter 7 and Chapter 13. He represented a number of large, national creditors, both as general counsel and as local counsel for other law firms, and had one of the most active creditors' rights practices in the Western District of Virginia. In non-routine cases, Mr. Higgs litigated issues including dischargeability complaints, denial of discharge, fraudulent conveyance actions, and the defense of attacks on the creditor's secured position. Click Here for a brochure published by the Virginia State Bar entitled "The Bankruptcy Process"
Business Bankruptcy Cases Mr. Higgs represented creditors in virtually every major Chapter 11 bankruptcy case filed in the Western District of Virginia over three decades, including Antaeus Energy Corporation, Harman Mining Corp., Fitness and Wellness Solutions, Inc., Quorum Radio Partners of Virginia, Inc., RBX Corporation, United Home Health Care, Inc., WDRL-TV, Inc., Barber & Ross Company, Red Birch of Martinsville, Inc., and Xinergy Ltd. He also represented clients in many Chapter 11 cases filed in the Eastern District of Virginia, including most of the so-called "mega-cases": Computer Learning Centers, Inc., Heilig-Meyers Company, Movie Gallery, Inc., The Rowe Companies/Rowe Furniture, Inc., Storehouse, Inc., and AMF Bowling Worldwide,Inc. -50775-FJS Large business-related Chapter 7 bankruptcy cases are the exception rather than the rule, and are often the end of a long, failed attempt at reorganization through Chapter 11. Mr. Higgs was also involved in most major business-related Chapter 7 cases filed in the Western District of Virginia, including the nationally-reported Peanut Corporation of America case. he represented creditors in countless smaller business-related Chapter 7 cases. Mr. Higgs was also involved in many cases filed by businesses and individuals under Subchapter V of Chapter 11, and in many complex "baby 11" and "big 13" cases involving individuals whose choice of which chapter to file their business-related bankruptcy case was driven by statutory debt limits. These cases present unique challenges, because they often include facts and legal issues that are atypical of other business-related cases. While consumer bankruptcy cases comprise by far the majority of cases filed in the Bankruptcy Courts, business cases not only usually involve much more money, but they are also usually much more complex than even the largest consumer cases. Mr. Higgs used his experience to guide and assist creditors in protecting their rights in business bankruptcy cases filed under both Chapter 7 and Chapter 11.
Preference Claim Defense Mr. Higgs is experienced in the defense of preference claim litigation, and managed the successful defense of large preference claims that were brought in a number of Chapter 11 cases filed throughout Virginia, including Computer Learning Centers, Inc., RBX Corporation (Tultex), Storehouse, Inc. and Barber & Ross Company; and even in cases filed outside of Virginia involving Virginia creditors, such as Oakwood Homes Corporation, filed in Delaware, Grumman Olson Industries, Inc., filed in the Southern District of New York, and Innovative Building Systems, LLC (Mod-U-Kraft), filed in Delaware. Preference claims are at best confusing and at worst unfair. First, the debtor files bankruptcy, usually still owing you money. Then, as much as two years later, you get a letter demanding the repayment of money you received from the debtor before it filed, usually coupled with a settlement demand and the threat of a lawsuit! Fortunately, the creditors have the ability to successfully defend these cases.
Non-Bankruptcy Workouts and Liquidations Mr. Higgs assisted clients concerning non-bankruptcy loan workouts, from business reorganization to orderly liquidation. He advised creditors in non-bankuptcy "Chapter 11s" that have in some cases survived for years, and is experienced in the UCC-compliant closure and liquidation of failed businesses.
Your lawyer should be Board Certified. Mr. Higgs is Board Certified by the American Board of Certification in Creditors' Rights Law and in Consumer Bankruptcy Law.
* Bankruptcy practice limited to representing creditors.
Content Copyright © 2005-2026 by Steven L. Higgs and Steven L. Higgs, P.C. All Rights Reserved. "The Higgs Law Firm" and the pillar logo are the registered Service Marks of Steven L. Higgs, P.C. No claim is made for exclusive use of the words "law firm" apart from the service marks.
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