Creditors’ Rights and Bankruptcy
We routinely represent creditors and financial institutions, including national, local and community banks, in bankruptcy, commercial and business litigation, lender liability claims, participation disputes and litigation, receiverships, assignments for the benefit of creditors, financial workouts, secured transactions, and commercial lending. In addition, we represent the FDIC and financial institutions as assignees and successors in interest to the FDIC in connection with the administration of loans, financial workouts, bankruptcy, troubled asset management, and the related commercial litigation.
Represented numerous banks in successful resolution of hundreds of loans acquired from multiple failed banks including workouts, litigation and judgment collection, foreclosures of real and personal property, statutory confirmation of foreclosures, litigation regarding loan participation disputes, and resolution of real property title issues. Advises banks regarding compliance with garnishment, levy, subpoena and bank secrecy matters.
Represented the Federal Deposit Insurance Corporation, as Receiver for Silverton Bank (FDIC-R), in three separate federal court actions against borrowers and guarantors who defaulted on loans made by Silverton Bank, which failed in 2009. In each of the three cases, summary judgment was granted to the FDIC-R on its claims for breach of contract, interest, and attorneys’ fees in the aggregate amount of more than $10 million. The rulings in these lawsuits confirm ...
Our representation of financial institutions include representing financial institutions who purchased assets from the FDIC. Taylor English routinely files suit on behalf of the purchasing bank and against borrowers on loans made by the defunct financial institution. In a particular litigation, the borrower argued summary judgment was improper because the terms of the Loss Share Agreement, not discovered, was relevant to establishing the purchasing ...
Our client, a financial institution, sought to recover from a borrower for an unpaid loan. The borrower denied liability and brought a claim for fraudulent inducement, fraudulent misrepresentation, and intentional infliction of emotional distress. The trial court granted judgment in favor of the financial institution and denied the borrower’s claims. Although it may appear this was a typical breach of contract case, it was unique because the bank was sued ...
- June 22, 2016
- June 15, 2016
- May 4, 2016
- April 8, 2015
In this Litigation Fundamentals with Henry M. Quillian III, John K. Rezac leads the discussion on the impact of bankruptcy law on litigation, including the scope of the automatic stay, the power of trustees to upset pre-bankruptcy settlement agreements, tolling of limitation periods and risks faced by attorneys and other professionals providing services prior to and following a client's bankruptcy case.