Haywood Barnes practices in the areas of commercial and corporate finance and related workout, restructuring and bankruptcy matters, with considerable experience in all aspects of renewable energy project finance. Haywood also has many years of experience representing creditors in a wide variety of single bank and syndicated commercial loan structures, including asset-based and cash flow loans, and workouts with borrowers in numerous different industries. Haywood has particular expertise in both the transactional and workout sides of asset-based lending and factoring-related transactions and has represented numerous banks and non-bank lenders in such matters over the years, including representation of creditors in various aspects of bankruptcy proceedings.
Haywood also has significant experience structuring and documenting factoring and “true sale” accounts receivable purchase and sale transactions, as well as forbearance and workout arrangements for senior secured lenders and factors. He has managed UCC and real estate foreclosure matters for senior secured lenders and factors and represented secured lenders and factors in DIP financing arrangements, cash collateral arrangements and related bankruptcy matters.
Prior to joining Wielechowski & Fuller, Haywood practiced with Poyner Spruill LLP, Hunton & Williams LLP and was in-house counsel with The CIT Group/Commercial Services, Inc.
While working for The CIT Group, Haywood served as primary counsel to the Charlotte and Dallas branch offices and Miami loan production office, where he managed all legal aspects of Charlotte, Dallas and Miami factoring and asset-based lending portfolios, structured, negotiated, documented and closed factoring and asset-based lending transactions of various sizes and complexity involving real and personal property security, and internally managed workout, bankruptcy and litigation matters.
While in law school, Haywood was a member of the Wake Forest University Law Review and served as the Business Symposium Editor. Haywood also received the 1994 E. McGruder Faris Memorial Award for high standards of leadership, character and scholarship during his final year of law school.
Insurance Issues for Secured Lenders: ACORD Forms and Lender’s Loss Payable Endorsements (presentation March 3, 2010 to Charlotte office of The CIT Group/Commercial Services, Inc.)
Managing the Troubled Loan: A Lender’s Pitfalls and How to Avoid Them (panel presentation September 2010 to the North Carolina Banker’s Association)
Lender and Agent Discretion in Credit Documentation (presentation July 20, 2011 to the Commercial Finance Association Carolinas Chapter)
Panel Discussion Regarding State Court Receiverships (TMA Carolinas luncheon: Winter 2013)
Panel Discussion Regarding Lending to Health Care Providers (RMA Charlotte chapter luncheon: Spring 2013)
We (Hope) We Can Work It Out (Charlotte Business Journal: April 16, 2010)
Two Cases Reflect Sharp Elbows Seen In Troubled Loans (Charlotte Business Journal: December 17, 2010)
Collateral Value of FCC Broadcasting Licenses Less Uncertain After 10th Circuit Court of Appeals Ruling (posted on Poyner Spruill LLP website Fall 2012)
Are Factoring Transactions “True Sales”? Should Factors Care? (Commercial Law Newsletter: Fall 2012)