Practice Areas
Education
- B.S., University of North Carolina at Chapel Hill, 1990, with distinction; Phi Beta Kappa
- Master of Accounting, University of North Carolina at Chapel Hill, 1991
- J.D., Vanderbilt University, 1997; Associate Notes Editor, Vanderbilt Law Review; Harold S. Vanderbilt Scholar
Bar & Court Admissions
- Colorado, 1997
- North Carolina, 2001
- All North Carolina and Colorado state and federal courts
- U.S. Court of Appeals, Fourth and Tenth Circuits
Lou M. Agosto
With more than ten years of experience in advising clients on corporate workouts, receiverships, foreclosures and bankruptcy proceedings, Lou Agosto primarily assists clients dealing with financially troubled borrowers and customers.
Mr. Agosto’s past experience as a certified public accountant (he is now on inactive status) for a national public accounting firm greatly assists his ability to understand the complex financial issues that often arise with companies in financial distress. Mr. Agosto strives to offer sound advice and practical solutions, knowing from experience that proactive creditors often stand the best chance of maximizing their recoveries.
His client services include:
- Commercial loan work-outs
- Foreclosures
- Receivership
- Defense of preference and fraudulent transfer actions
- General business representation
Recent engagements include the following:
- Represented agent for lender syndicate in workout and ultimate full payoff of $500 million exposure to manufacturing conglomerate.
- Represented secured lenders in the workout and refinancing of $75 million secured loan to national car dealership chain.
- Represented secured lenders in the workout and refinancing of $215 million secured loan to national trucking company.
- In re Dana Corp., et al. (N.Y.). Defended supplier sued for refusal to provide trade credit to debtors. Assisted creditors with sale of unsecured claims.
- In re Delphi Corporation, et al. (N.Y.). Assisted clients with the negotiation of post-petition supply agreements with debtors.
- In re Southaven Power, LLC (N.C.). Serving as local counsel for debtor in its Chapter 11 reorganization. Debtor owns an 810 megawatt natural gas generating facility.
- In re J.A. Jones, et al. (N.C.). Served as local counsel for large construction conglomerate in their Chapter 11 liquidation.
- In re Harriet & Henderson Yarns, Inc. (N.C.). Represented the buyer in the purchase of assets from the debtor’s bankruptcy estate.
- In re Birmingham Steel Corp. ( Del.). Represented the buyer in the purchase of $600 million of assets from the debtor’s bankruptcy estate.
- Represented trade creditors in the defense of preference actions in several national bankruptcy cases, including:
- In re Tower Automotive Group, et al. (N.Y.).
- In re Enron Corporation, et al. (N.Y.).
- In re Oakwood Homes ( Del.).
- In re Pillowtex, et al. ( Del.).
- In re Galey & Lord (N.Y., Ga.).
Of Note
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Past chair of Pastoral Council and current member of Building Committee, St. Mark Catholic Church
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Coach, youth basketball and soccer
Professional Affiliations
- North Carolina Bar Association: Bankruptcy Section; Treasurer, 2006-present
- North Carolina Board of Law Examiners: Bar Candidate Committee
- Turnaround Management Association
- American Bankruptcy Institute