Jennifer B. Lyday

Practice Areas

Business Insolvency and Commercial Bankruptcy

Career

Jennifer Lyday, a partner at Waldrep Wall Babcock & Bailey PLLC, represents creditors, trustees, and businesses in Chapter 11 proceedings, as well as advises on the sale and purchase of distressed assets. She is held in particular high esteem for her abilities in bankruptcy litigation and advising clients on broader commercial disputes. Prior to joining the firm, she was a partner at Waldrep LLP and an associate at Womble Carlyle Sandridge & Rice, LLP, focusing on corporate Chapter 11 representations and related state court debtor-creditor representations. Jennifer has represented secured creditors, distressed businesses, unsecured creditors’ committees, and trustees in business bankruptcy cases. She has also represented buyers and sellers of assets in bankruptcy. Jennifer has also counseled clients in complex civil litigation. Her civil litigation experience includes officers’ and directors' liability, personal injury, premises liability, wrongful death, and professional negligence defense. Jennifer is currently on the panel of Subchapter 5 Chapter 11 Trustees for the Middle District of North Carolina. In addition, Jennifer has significant pro bono experience, particularly in helping domestic violence victims obtain 50-B protection orders, working with Legal Aid of North Carolina. She also regularly represents parents of children abducted and taken into the United States in Hague Convention cases.

Professional Memberships

• American Bankruptcy Institute (4th Circuit Volo Author; Southeast Advisory Board; 40 Under 40 Steering Committee)

• International Women’s Insolvency and Reorganization Confederation (Vice Director of Member Services, 2024 Board of Directors; Mentor, 2023-2024 Mentoring Program; Vice Director of News, 2023 Board of Directors; Board Member and Former Communications Chair of the Carolinas Network)

• North Carolina State Bar

• North Carolina Bar Association (Current Member and Former Secretary of the Bankruptcy Section Council)

• Turnaround Management Association

• National Association of Bankruptcy Trustees

Publications

• “From Johns-Manville to LTL (and Beyond?): Do Mass-Tort Bankruptcies Have a Future - and Should They?," American Bankruptcy Institute (ABI) 2023 Southeast Bankruptcy Workshop, The Ritz-Carlton, Amelia Island, FL, July 21, 2023

• “Problems in the Code: Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V.,” Co-authored with Josh Plummer, American Bankruptcy Journal, June 2023

• “Fraud, Deceit and Misrepresentation Are Not Excused as Zealous Representation (Canon 7) – Fraudulent Bankruptcy Examples, Public Perceptions of Litigation, the Bar & Bankruptcy Updates,” Plaintiffs Asbestos Litigation Seminar (PALS), Las Vegas, NV, May 10, 2023

• “Evidentiary Issues in Bankruptcy: Making Your Case,” American Bankruptcy Institute (ABI) Annual Winter Leadership Conference, La Quinta Resort & Club, La Quinta, CA, December 9, 2022

• “Key Advantages of Chapter 12 Bankruptcy for Struggling Family Farmers,” Journal of Corporate Renewal (JCR), the Official Publication of the Turnaround Management Association (TMA), December 2022, click here to read article

• “Managing Privilege Issues in Bankruptcy,” 45th Annual Bankruptcy Institute, Grandover Resort, Greensboro, NC, November 12, 2022

• “Show Me the Money: Practical Issues at the Intersection of Subchapter V Trustees and Estate Funds,” National Association of Bankruptcy Trustees (NABT) 2022 Annual Conference, Vancouver, British Columbia, June 9, 2022

• "What to Expect When You Are Consulting: An Exploration of How Appraisers Can Help Insolvency Attorneys Inside and Outside the Courtroom," 11th Annual ASA (American Society of Appraisers) Equipment Valuation Conference, Virtual Event, May 24, 2022

• Expert Panelist, International Women's Insolvency & Restructuring Confederation's (IWIRC) 19th Annual Spring Conference, Washington D.C., April 27-28, 2022

• "Consumer Hot Topics," Middle District of North Carolina 42nd Annual Bankruptcy Seminar, April 22, 2022

• "Bankruptcy and Small Business: A Practical Course for Newcomers," Wake Forest Law and Thomson Reuters, on-demand web series, August, 2020

• “Ethics Quick Hits,” American Bankruptcy Institute Southeast Virtual Bankruptcy Workshop, July 24, 2020

• "Bankruptcy Remote Entities: Brilliant Strategy or Wasted Effort?" 42nd Annual Bankruptcy Institute, Wilmington, NC, November 22-23, 2019

• “Icing on the Cake or Adding Insult to Injury – The Secured Lender’s Right to Default Interest and Attorneys’ Fees,” 39th Annual Bankruptcy Institute, New Bern, NC, November 18-19, 2016

• “Absolutely Unanswered Questions from Maharaj,” 2016 South Carolina Bankruptcy Law Association Annual Seminar, Hilton Head Island, South Carolina, May 2016

• “Taking a Second Bite at the Apple: What Debtors and Creditors’ Counsel Need to Know About Serial Chapter 11 Filings,” 37th Annual Middle District Bankruptcy Seminar, Durham, NC, April 15-16, 2016

• “Case Update,” 38th Annual Bankruptcy Institute, Pinehurst, NC, November 6-7, 2015

• “Filing and Litigating a Hague Convention Child Abduction Case in Federal Court,” Middle District of North Carolina Federal Bar Association CLE, Greensboro, NC, October 26, 2015

• “Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About Waiver of the Attorney Client Privilege,” 36th Annual Middle District Bankruptcy Seminar, Aberdeen, NC, April 24-25, 2015

• “Case Update,” 37th Annual Bankruptcy Institute, Asheville, NC, November 7-8, 2014

• "Middle District of North Carolina Bankruptcy Case Summaries, The Disclosure Statement," Fall 2014, Spring 2015, Fall 2015, Spring 2016

Personal

Jennifer Lyday enjoys giving back to her community in her spare tine and serves in the following:

• Member of Board of Trustees, St. Vladimir’s Orthodox Theological Seminary, 2023-2026

• Board Member, Winston-Salem Symphony, 2023-2026

• Parish Council, Holy Cross Orthodox Church, Kernersville, NC, 2019-Present

• Board of Directors, The Children’s Law Center of Central North Carolina, 2016-2022

• Local Advisory Board (Triad Region), Alexander Youth Network, 2016-2020

• Leadership Winston-Salem, Class of 2014

Expert in these Jurisdictions

• North Carolina, 2009

• United States District Court – Middle District of North Carolina, 2009

• United States District Court – Eastern District of North Carolina, 2009

• United States District Court – Western District of North Carolina, 2009

• Supreme Court of the United States, 2019

• United States Court of Appeals for the Third Circuit, 2022

• United States Court of Appeals for the Fourth Circuit, 2022

Education

Awards