Bankruptcy and Collections

Spencer has been developing a commercial bankruptcy practice for over 25 years with an emphasis on creditor’s rights.  As a subspecialty within bankruptcy, Spencer has achieved particular success in obtaining stay relief in bankruptcy to proceed with claims for the purpose of seeking insurance coverage.  Spencer’s practice focuses not only on creditor’s rights in a bankruptcy setting but also outside of bankruptcy, including: 

• Enforcement of consensual liens, such as lending instruments.

• Enforcement of statutory liens ranging from representation of contractors to enforce mechanic’s liens rights to representation of numerous homeowner’s associations throughout West Virginia in enforcement of statutory assessment rights.

Judgment Domestication and Enforcement

Advancement of creditor’s rights has allowed Spencer to further specialize in enforcement of court-ordered judgments, including:

• Obtaining and perfecting judgment liens and locating and attaching real and personal property assets through statutory judicial foreclosure and enforcement procedures.

• Domestication and enforcement of foreign judgments.

Tax Collection and Tax Appeals

Spencer’s emphasis on creditor’s rights and collection has also led to representation of a number of county sheriffs in West Virginia to assist with enforcement of delinquent personal property tax.  Additionally, Spencer routinely represents county assessors in West Virginia before the West Virginia Office of Tax Appeals.