Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., Davidson College, 2002, cum laude
  • J.D., Duke University, 2005, cum laude; Managing Editor, Alaska Law Review
  • North Carolina, 2005
  • U.S. District Court, Western District of North Carolina, 2005
  • U.S. District Court, Middle District of North Carolina, 2006
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Charles (Trey) R. Rayburn III

Member
Overview
Representative Matters
News & Events
Professional Affiliations

Trey Rayburn represents banks and other financial institutions in connection with workout transactions and large corporate bankruptcies. He often represents administrative agents in syndicated credit facilities in workouts and bankruptcies, as well as equipment lessors. Trey has been ranked in Chambers USA in Bankruptcy/Restructuring consecutively for the past nine years. 

Trey’s clients include national and regional financial institutions that are creditors at various levels of a distressed company’s capital structure – including senior secured lenders, second-lien lenders, subordinated lenders, and unsecured creditors. Trey has represented his clients in a broad array of industries, including communications, retail, healthcare, restaurant, manufacturing, technology, agriculture, and transportation. He routinely represents financial institutions in the restructuring of troubled credits, both in and out of court, and has extensive experience negotiating and documenting loan workout agreements, including amendments to troubled credit facilities, forbearance agreements, debt-for-equity swaps, and master restructuring agreements, as well as post-petition financing facilities.

Of Note

  • Chambers USA - North Carolina, Bankruptcy/Restructuring, 2012-2020
  • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2013-2021
  • North Carolina Super Lawyers, 2017-2020
  • North Carolina Super Lawyers Rising Stars, Bankruptcy & Creditor/Debtor Rights, 2010-2015 
  • Member, Myers Park Presbyterian Church
  • Coach, Charlotte Junior Soccer
  • Former Member, Board of Directors of Myers Park Presbyterian Weekday School
  • Former Co-President, Davidson Young Alumni Association - Charlotte Chapter

Representative Matters

Workouts

  • Food Company: Representation of administrative agent for secured lenders in connection with workout of over $725 million credit facility to a national brand food company, including provision of $80 million super-priority short-term credit facility.  Completed out-of-court restructuring involving incurrence of second-lien indebtedness resulting in repayment of over $550 million of senior indebtedness.
  • Trucking Company: Representation of administrative agent for secured lenders in connection with workout of $250 million revolving credit facility to a national trucking company.
  • Direct Mail Marketing: Representation of administrative agent for secured lenders in connection with workout of approximately $240 million credit facility to an international direct mail marketing company, including provision of $7 million super-priority short-term credit facility.
  • Advertising: Representation of a senior secured lender in connection with restructuring of approximately $107 million owed by a real estate media company, including a debt-to-equity conversion.
  • Education: Representation of administrative agent for secured lenders in connection with workout of an approximately $82 million senior credit facility extended to a for-profit education company.
  • Collection Company: Representation of administrative agent for first-lien secured lenders in connection with workout of over $65 million revolving credit facility to a national collection company, including comprehensive restructuring involving conversion of over $400 million in second-lien secured bond debt to equity.
  • Restaurant Franchisee: Representation of administrative agent for secured lenders in connection with workout of over $60 million credit facility to a national restaurant franchisee with over 170 restaurants. 
  • Automobile Dealer: Representation of secured lender in connection with workout of approximately $30 million owed by an automobile dealer.
  • Telecommunications: Representation of senior secured lender in connection with a workout of approximately $22 million owed by an international communications services company.
  • Marine Services: Representation of lender in connection with workout of approximately $20 million owed by marine services company.
  • Aircraft Leasing: Representation of equipment lessor in connection with workout of approximately $18 million owed in connection with a private aircraft lease.
  • Hospitality: Representation of secured lender in connection with the workout of approximately $12 million owed by a hotel owner/operator.

Bankruptcies

  • Bank of America, N.A. (“BANA”): Representing BANA in its capacity as administrative agent under a $521,000,000 credit facility extended to LSC Communications, Inc. (“LSC”). Representation has included bankruptcy preparations, negotiation and consummation of a $100,000,000 debtor-in-possession credit facility and negotiations regarding a credit bid for a 363 sale transaction that will result in repayment in full to BANA.
  • Cashman Equipment Corp. (E.D. Massachusetts): Representation of secured lender in connection with over $12 million in secured loans to company specializing in the international charter and sale of ocean-going and inland barges and other vessels servicing the oil and gas industries. 
  • Flying J, Inc. (Del.): Representation of equipment lessor in connection with guaranty claims against national operator of travel plazas and fuel stations.
  • Hendricks Furniture Group, LLC (W.D.N.C.): Representation of senior secured lender with approximately $28 million of exposure in connection with chapter 11 proceedings of North Carolina furniture retailer, resulting in consensual plan of reorganization.
  • Mammoth Grading Inc. (E.D.N.C.): Representation of equipment lessor in the chapter 7 bankruptcy case of a grading and construction company.
  • Peabody Energy Corporation (E.D. Missouri): Representation of equipment lessor in connection with various equipment leases to international coal mining company, resulting in assumption of all equipment leases.
  • Qimonda Richmond, LLC (Del.): Representation of indenture trustee for loan participants that extended over $150 million in leveraged lease equipment financing in connection with lease to semiconductor manufacturer.
  • Seadrill Limited (S.D. Texas): Representation of secured lender in connection with approximately $50 million in secured loans among three syndicated credit facilities to international offshore oil and gas drilling company, including a restructuring support agreement with approximately 42 lenders holding approximately $5.7 billion in secured debt for a pre-arranged chapter 11 filing.

Finance

  • Apparel Manufacturing: Representation of senior secured lender in connection with extension of approximately $65 million credit facility and negotiation of intercreditor agreement.
  • Manufacturing: Representation of administrative agent in connection with extension of approximately $110 million senior secured revolving credit facility to an international steel manufacturing company.
  • Outdoor Recreation Center: Representation of senior secured lender in connection with extension of multiple credit facilities totaling approximately $8 million to an outdoor recreation center.

Professional Affiliations

  • American Bar Association
  • American Bankruptcy Institute
  • North Carolina Bar Association