EDUCATION
Certified Specialist in Bankruptcy and Debtor-Creditor Law by the South Carolina Supreme Court, 1993
University of South Carolina, JD, 1984
College of Charleston, BS, 1981
contact
803.722.7888
mbeal@bealLLC.com
Michael M. Beal
Michael is a certified specialist in bankruptcy and debtor-creditor law. He works primarily with distressed companies, committees and creditors in workouts, Chapter 11 bankruptcy cases, foreclosures, and related litigation and transactional matters.
Michael has led debtor restructuring engagements in manufacturing, distribution, hospitality, retail, and commercial real estate; creditor engagements or creditors’ committee engagements in hospitality, commercial real estate, health care and manufacturing; and represented an indenture trustee in the Chapter 9 restructuring of a toll road. He also has served as counsel to state and federal court receivers and bankruptcy trustees in numerous matters, including fraud cases.
Michael enjoys mediating complex commercial and bankruptcy matters and is approved to serve as Circuit Court Mediator by the South Carolina Board of Arbitration and Mediator Certification and has completed the American Bankruptcy Institute and St. John’s University School of Law 40-hour Bankruptcy Mediation Training.
Prior to founding Beal, LLC, Michael led the bankruptcy practice at McNair Law Firm (now Burr Forman), and served as a law clerk to the Honorable J. Bratton Davis, Chief United States Bankruptcy Judge, District of South Carolina.
Representative Experience
- Debtor’s counsel in the South Carolina Subchapter V Chapter 11 case of a liquidating textile company
- Debtor’s counsel in the South Carolina Chapter 11 case of a biomass pellet mill
- Debtor’s counsel in the South Carolina Chapter 11 case of a national paint sundries distributor
- Debtor’s counsel in the South Carolina Chapter 11 case of a steel mill
- Debtor’s counsel in the Georgia Chapter 11 case of a paper mill
- Debtor’s counsel in the Delaware Chapter 11 case of a regional textile manufacturer
- Co-counsel for the debtor in the Chapter 11 case of a restaurant holding company in which over $1 billion in debt was restructured
- Co-counsel for the debtors in the Chapter 11 case of a national golf course resort community developer with liabilities of approximately $1 billion and communities in multiple states
- Counsel to the Official Committee of Unsecured Creditors in the Chapter 11 fraud case of a catalytic converter recycler in which unsecured creditors were paid in full, plus interest
- Trustee’s counsel in a Chapter 11 fraud case of a freight payment and audit company
- Counsel to the unsecured creditors’ committee in the Chapter 11 case of a 500-employee government defense contractor
- Co-counsel to the unsecured creditors’ committee in the Chapter 11 case of an international manufacturer of non-woven fabric
- Co-counsel to the indenture trustee in the Chapter 9 restructuring of a toll road
- Co-counsel to the ad hoc committee of term lenders in the Chapter 11 case of a regional grocery chain
- Co-counsel to the major creditor in the Chapter 11 case of a resort hotel in which many significant reported decisions were issued regarding Chapter 11 confirmation requirements and lease rejection issues
- Lead counsel of a syndicate of lenders in the South Carolina Chapter 11 restructuring case of a PET recycling company
- Counsel to the federal receiver for a regional textile manufacturer
- Counsel to state court receivers in several commercial real estate matters and in the liquidation of a law firm
Professional and Community Involvement +
- 2nd Congressional District Representative, Executive Committee of The State Agricultural and Mechanical Society of South Carolina (2017–present)
- Member-at-Large, Global Board of Trustees (Executive Board), Turnaround Management Association (2015–2016)
- President, Carolinas Chapter, Turnaround Management Association (2012–2013)
- Member, Columbia Chamber of Commerce (2015–2016)
- Chairman, Columbia Advisory Board, Salvation Army (2007–2009)
- President, The Palmetto Club (2009–2012), Chairman (2012-2015)
- President, South Carolina Bankruptcy Law Association (2000)
- Senior Warden, Trinity Cathedral Parish, Columbia, SC (2023)
- Member, South Carolina Historical Society
- Member, Columbia Chamber of Commerce (2015-2016)
- President, J. Bratton Davis Bankruptcy American Inn of Court
Articles and Publications +
- "Advising a Financially Distressed Business," SC Lawyer, December 2022
Awards and Recognition +
- American College of Bankruptcy Fellow
- Recipient, Mega Company Turnaround of the Year Award, Turnaround Management Association, Atlanta Chapter (2013–2014)
- South Carolina Super Lawyers®, Bankruptcy-Business (2008–2023)
- The Best Lawyers in America© (2003–2022)
- Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
- Bet-the-Company Litigation
- Litigation – Bankruptcy
- “Lawyer of the Year,” Litigation: Bankruptcy – Columbia (2012, 2021 & 2022)
- “Lawyer of the Year,” Bankruptcy and Creditor-Debtor Rights – Columbia (2010, 2021 & 2022)
- Beal, LLC awarded Best Lawyers and U.S. News & World Report’s “Best Law Firms” (2019-2023)
- Martindale-Hubbell AV Preeminent® Peer Review Rating
- Listed, South Carolina Super Lawyers®, Bankruptcy-Business (2008–2021)
- Recipient, William E. S. Robinson Award for Meritorious Advancement for the Practice of Bankruptcy Law, South Carolina Bankruptcy Law Association (1997)
Reported Cases +
- In re Judd, 471 B.R. 830 (D.S.C. 2012)
- In re Tubular Technologies, LLC, 362 B.R. 243 (Bankr. D.S.C. 2006)
- In re Georgetown Steel Co., 318 B.R. 336 (Bankr. D.S.C. 2004)
- In re S. Textile Knitters, 65 Fed. Appx. 426 (4th Cir. 2003)
- In re Mayfair Mills, Inc., 295 B.R. 827 (Bankr. D.S.C. 2002)
- Gilchrist v. General Elec. Capital Corp., 262 F.3d 295 (4th Cir. 2001)
- In re Landmark Land Co., of Oklahoma, Inc., 134 B.R. 557 (D.S.C. 1991)
Court Admissions +
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court, District of South Carolina
- U.S. Bankruptcy Court, District of South Carolina
- South Carolina State Courts
Personal +
- Born, Georgetown, SC (1959)
- Married, Elizabeth Venning Jones (1993)
- Children: Pinkney V., Michael M. Jr., and J. Duffy Beal
education
Certified Specialist in Bankruptcy and Debtor-Creditor Law by the South Carolina Supreme Court, 2016
University of South Carolina School of Law, JD, 2009
University of South Carolina Honors College, with Honors, BA, 2006
contact
803.722.7882
afloyd@bealLLC.com
Adam J. Floyd
Of Counsel
Adam represents distressed businesses and individuals in out of court and bankruptcy court restructurings and liquidations. He represents debtors, creditors, trustees, committees and other parties in interest in cases under all chapters of the Bankruptcy Code. Adam has substantial experience with complex bankruptcy litigation, particularly litigating fraudulent conveyance, preference and other causes of action on behalf of Chapter 7 trustees.
Adam also has experience with sales of operating businesses through the Chapter 11 process. He also has significant experience litigating fraudulent conveyances, preferences and other causes of action.
Representative Experience +
- Counsel to multiple creditors in the Westinghouse Chapter 11 bankruptcy case
- Defense and prosecution of fraudulent conveyance matters for several different clients
- Counsel to the largest secured creditor of a restaurant chain with 30 plus locations
- Debtor’s counsel in the South Carolina Chapter 11 case of a 100-employee trucking and logistics company
- Counsel to the Chapter 11 Trustee in the South Carolina Chapter 11 case of a 300-employee, $50 million national seed business and nursery
- Debtor’s counsel in the South Carolina Chapter 11 case of a 200-employee nursery and garden supplier to major retail outlets
- Counsel for the Chapter 7 Trustee in approximately fifteen South Carolina numerous Chapter 7 bankruptcies involving extensive asset recovery and litigation
- Counsel to the largest secured creditor in several South Carolina agriculture businesses in Chapter 11 and Chapter 12 cases regarding farming and agriculture businesses
- Counsel to the Unsecured Creditors Committee in the South Carolina Chapter 11 case of a precious metals extraction company
- Counsel to the Debtor in the South Carolina Subchapter V Chapter 11 case of a liquidating textile company
- Counsel to the Debtor in the South Carolina Chapter 11 case of a biomass pellet mill
Professional and Community Involvement +
- Member, South Carolina Bar
- Member, Turnaround Management Association – 2011 Transaction of the Year, Jackson & Perkins/Park Seed (contributing attorney)
- Member, Advisory Committee on South Carolina Local Bankruptcy Rules and Practice (2015–2016)
- Member, South Carolina Bankruptcy Law Association (2009–present)
- Member of South Carolina Bankruptcy Law Association Planning Committee, 2020
- Member of South Carolina Bankruptcy Law Association Board of Directors, 2021–present
- Member, American Bankruptcy Institute (2009–present)
- Associate Member, J. Bratton Davis Bankruptcy American Inn of Court, (2019–present)
- Speaker, South Carolina Bank Law Association Annual Conference, “Advanced Issues of Perfection and Priority” (May 2013)
- Speaker, South Carolina Bankruptcy Law Association Annual Conference, “Sales of Accounts Receivable vs. Security Interests in Accounts Receivable – the Rise of Merchant Cash Advances and How These Arrangements Alter Typical Borrower/Lender Dynamics;” (May 2019)
- Frequent Speaker, SC Bankruptcy Law Association Monthly Meetings
- Co-Author, SC Lawyer, “Farmer, Vets, Small Businesses, Oh My! Bankruptcy Reforms Open Up Access;” (January 2020)
- Presenter, SC Bar, “Chapter 11 Medley;” (October 2020)
- Presenter, SC Bar, “Advising a Financially Distressed Business;” (April 2021)
- Contributing Author, SC Bar Construction Law Deskbook, Second Edition, Chapter XIII: The Basics of Bankruptcy Law for Construction Lawyers (2022)
Articles and Publications +
- "Farmers, Vets, Small Businesses, Oh My!," SC Lawyer, January 2020
Court Admissions +
- South Carolina State Courts
- U. S. District Court, District of South Carolina
- U. S. Bankruptcy Court, District of South Carolina
education
University of South Carolina School of Law, cum laude, JD, 2009
Washington & Lee University, cum laude, BA, 2006
contact
803.722.7881
kwaites@bealLLC.com
Katie Waites
Of Counsel
Katie returns to private practice after serving for four years as the senior law clerk to the Chief Bankruptcy Judges of the District of South Carolina, Northern District of California (San Francisco) and Eastern District of Kentucky (Lexington). In those roles, she honed her research, writing, analytic and case management skills, provided counsel to the bankruptcy judges in a variety of complex Chapter 11 and 7 cases, as well as adversary litigation, and developed proficiency in bankruptcy and restructuring law.
Prior to her service with the courts, Katie was in private practice with the Motley Rice mass torts law firm in Charleston SC where she gained significant litigation experience working on cases in various practice areas including securities class actions, consumer fraud protection, and personal and catastrophic injury. Among other work, she managed and negotiated claims for individuals and businesses recovering over $170 million dollars for her clients injured as a result of the BP oil spill.
With her broad experience, Katie adds an excellent perspective and expertise in handling complex bankruptcy and litigation matters to Beal LLC.
Representative Experience +
- Served as the principal law clerk in high-stakes litigation involving the theft of self-driving technology and intellectual property rights between industry giants Google and Uber, asserting $245 million in damages.
- Acted as the principal law clerk in litigation involving over $300 million in 40 related involuntary and voluntary Chapter 11 and Chapter 7 cases, all connected to a Ponzi real estate investment scheme in California.
- Served as principal law clerk in the involuntary case filing of a major hospital and health care provider chain in Kentucky, including allegations of Medicare fraud.
- Served as the principal law clerk in the Chapter 11 case of the largest hemp farm and distributor in Kentucky (between $100 million and $500 million in assets and liabilities).
- Gained substantial experience in preference and fraudulent transfer litigation through involvement in dozens of significant cases.
- Worked in dozens of cases involving bankruptcy court approved sales of substantially all of debtor’s business assets for large businesses, including establishing bidding procedures and preparing sale orders.
- Coordinated with dozens of co-counsel throughout the southeastern states in filing and negotiating claims against BP oil claim trust.
Professional and Community Involvement +
- Member, State of South Carolina Bar, admitted 2009
- Member, Advisory Committee on South Carolina Local Bankruptcy Rules and Practice (2022–2023)
- Member, South Carolina Bankruptcy Law Association (2020–present)
- Member, American Bankruptcy Institute (2020–present)
- Member, J Bratton Davis Inn of Court (2022–present)
- Speaker, South Carolina Bankruptcy Law Association Annual Conference (March 2022)
- Member, Executive Committee, South Carolina Young Lawyers Division (2017–2019)
- Chair, Young Lawyers Division Project Service Committee (2017–2019)
- Volunteer Instructor, Charleston MadPark Community (2023)
- Volunteer, Charleston Parks Conservancy Party for the Parks Committee (2022)
- Volunteer, Charleston Empowered Minds (2019)
- Mentor, Charleston County Bar Mentorship Program (2014)
- Member, Charleston County Bar Association
Awards and Honors +
- University of South Carolina 3-year Merit Scholarship Recipient
- American Bar Association Real Property, Probate & Trust Journal Student Editor
- Student Bar Association Representative (SBA), Legislative Council (2009)
- University of South Carolina School of Law Pro Bono Award 2008 Recipient
- University of South Carolina Moot Court Bar Competition Team Member (2008)
- University of South Carolina Phi Delta Phi Service Fraternity Member
- South Carolina Bar Young Lawyers Division Star of the Quarter (2017)
Court Admissions +
- U.S. Supreme Court
- U.S. District Court, District of South Carolina
- U.S. Bankruptcy Court, District of South Carolina
- South Carolina State Courts