Banking and Financial Institution Litigation
In today’s world, banks and financial institutions are often the first to be sued. These lawsuits often are of the lender liability variety and we have the necessary skill and experience to prosecute or defend these actions, including claims brought by one financial institution against another. Many of the claims center on breach of contract, breach of good faith and fair dealing, breaches of various duties and negligent or fraudulent lending practice claims.
We’ve litigated virtually every sector of banking industry, including loans involving commercial real estate, construction, inventory, automobile floor plans, airplanes and boats, farms, SWAPs, and many others. And this representation spans national, regional and local institutions, as well as syndications and credit unions.
Lenders and other secured creditors rely on loan documents to enforce loans, and we regularly represent parties concerning the enforceability of loans and guarantees, the effectiveness of confession of judgment clauses, the appropriateness of contractual interest rates, and repossession of collateral. We also have litigated foreclosure actions and represented court appointed receivers in a variety of settings.
Often hand-in-hand with our banking and financial institution practice, we offer extensive experience and an in-depth knowledge of bankruptcy law in the handling of complex bankruptcy disputes. We have appeared in federal bankruptcy courts across the country, and our representation has included debtor-in-possession lending, plan confirmation disputes, Section 363 sales of the business and fraudulent conveyance claims.