The practice of the Financial Services Department focuses on the representation of Banks, Commercial Leasing Companies, and other financial services companies. The firm’s practice in this area includes:
Transactional Documentation - Typical services include the drafting of loan documentation for real estate and commercial loan transactions and working with clients who utilize computerized loan documentation systems. The firm’s attorneys have extensive experience in customizing those documents for transactions where the circumstances justify the Bank and the Borrower engaging in negotiation of the terms of those documents. The Department’s attorneys are experienced in drafting loan documentation for modifications, participations, loan sales, workouts and other transactions.
Regulatory compliance and operations counsel - The firm assists independent banks in complying with regulations and dealing with day-to-day operations issues. Financial services clients who subscribe to the firm’s legal and regulatory “hot line” have cost-effective access to the firm’s attorneys for answers to questions on regulatory, operations and documentation issues.
Lender liability and operations defense - The accumulated expertise of the firm’s attorneys is employed in defense of claims against banks, leasing companies and other financial institutions. The years of experience of the firm’s attorneys, coupled with an understanding of our clients’ operations, allows well-focused attention to the material issues of each case.
Workouts and reorganizations - The firm has long represented creditors in complex commercial workouts, often relative to problem real estate loans.
Bankruptcy - The representation of financial institutions, leasing companies and other creditors in bankruptcies and assisting them in litigation and collections is an important part of the firm’s practice includes relief from automatic stay proceedings, the enforcement of lenders’ rights to cash collateral, actions to determine non-dischargeability of debt, and defense of actions brought by bankruptcy trustees and debtors-in-possession.
Problem real property loans - For many years the firm has represented clients in litigation and foreclosures arising from problem real property loans. Services include the appointment of receivers, the defense of proceedings to enjoin foreclosure under deeds of trust, the defense of mechanics’ lien and stop notice actions, and assertion of claims against title insurance companies.
Commercial/consumer credit, leasing/collection - The firm represents clients in matters involving the enforcement of loan agreements, promissory notes, leases and other credit obligations, and the recovery of personal property collateral and/or the foreclosure upon real property security resulting from defaults under such credit obligations. A part of the these services includes the pursuit of prejudgment remedies to secure our clients’ rights, gain leverage and induce early settlement. The firm’s attorneys also advocate the use of alternative dispute resolution, when appropriate and cost-effective, and are frank in telling clients when a case is weak or recovery is unlikely.