Practice Areas

Commercial Litigation

The Firm’s Commercial Litigation Group employs an interdisciplinary approach to representing clients as diverse as secured creditors, start-ups, financial institutions, investment funds and Fortune 500 companies, as well as assisting with the needs of small businesses.

The Firm’s experienced litigators provide creative, efficient, and cost-effective counsel for our clients. Composed of attorneys specializing in real estate litigation, commercial and contract litigation, dispute resolution, restructurings, workouts, bankruptcy and creditors’ rights, the group advises and assists clients in connection with commercial litigation of all types including contract disputes, distressed real estate asset disputes, out-of-court and in-court restructurings, commercial foreclosure litigation, bankruptcies and reorganizations. Working with clients from all corners of the banking, financial and real estate industries, the Commercial Litigation Group has developed expertise from all perspectives while offering a full-service approach to the needs of our commercial and banking clients.


A sampling of the Commercial Litigation Group’s areas of practice includes:

 

Commercial Litigation and Collections:

An ever growing area of our practice is litigation that relates to financial restructuring, credit defaults and insolvency. This includes issues that arise between financial institutions with respect to participating banks and the problems inherent when the interests of such participants are adverse to each other or resolution of the underlying default cannot benefit each participant in the same manner. The Commercial Litigation Group regularly represents clients in a broad range of lawsuits including deficiencies, contract disputes, fraudulent transfers, preferences, petitions for tax sale, confirmation actions, zone of insolvency claims, levies and liens, enforcement of judgments, judicial foreclosures and repossessions, and collection actions arising from credit defaults including proceedings against borrowers, guarantors and other responsible parties. Such proceedings also include post-judgment collections, including but not limited to, discovery and garnishments of both bank accounts and wages. Our attorneys and staff also effectively record, maintain and renew judicial liens, managing the post-judgment enforcement automatically for all clients as per the client's need and request.

 

Real Estate and Commercial Loan Workouts:

A large component of the Commercial Litigation Group’s recent practice has been secured lender representation in workouts, bankruptcies and civil litigation. Representative matters include liquidating properties diminished by subprime lending, failed condominium developments, buying and selling assets for hedge and venture capital funds, negotiating real estate loan workouts requiring intercreditor agreements between multiple lenders and collateral trustees to fund reserve accounts, foreclosures, receiverships, setting up special purpose entities to buy, manage and sell REO property, seizure of shopping center rents, legal advice to lenders funding the completion of partially constructed projects, coordinating loan extensions and auction of bulk condominiums, prosecuting materialmen and construction liens, litigating homeowner and lender disputes concerning contractual and statutory obligations to homeowner associations per condominium declarations, working with property managers to assist with landlord-tenant disputes and preparing leases, and prosecuting DIP financing with troubled borrowers in bankruptcy.

 

FDIC Loss Share:

The Commercial Litigation Group works closely with a number of lender clients in connection with their troubled loans covered by FDIC Shared-Loss Agreements. The Commercial Litigation Group provides counsel to its clients in all aspects of the shared loss process including: conducting loan by loan commercial and residential file reviews, assisting clients with prioritizing loans based on status, size and collateral type, creation of processes that ensure standardized and rigorous loan analysis, generation of tracking reports, assistance managing FDIC compliance requirements and consultation with regard to processes to efficiently and effectively manage, report and recover losses associated with both commercial and single family portfolios.

 

Bankruptcy and Insolvency Issues:

The Commercial Litigation Group’s bankruptcy practitioners have extensive experience in bankruptcy courts and before bankruptcy judges throughout the states of Alabama, Illinois, Georgia, Florida and across the country. The Commercial Litigation Group primarily represents creditors (including banks and other secured lenders, trade creditors, judgment creditors and creditors’ committees) in bankruptcy matters and work-out situations including:

  • Cash collateral disputes
  • Contested and out-of-court restructurings
  • Chapter 11
  • Asset sales and acquisitions
  • Pre-negotiated Chapter 11 plans
  • Real estate and Condo foreclosures
  • UCC proceedings
  • Distressed asset sales and acquisitions

Our clients can rely on the Commercial Litigation Group’s expertise litigating and negotiating a range of disputes presented in a bankruptcy, such as:

  • Cash collateral issues
  • Preferences
  • Fraudulent transfer and other avoidance actions
  • Claims trading
  • Assumption and assignment of real estate
  • Single asset real estate issues
  • Lender liability and equitable subordination actions
  • Deepening insolvency issues
  • Lease re-characterizations
  • Re-characterizations of debt
  • New value issues
  • Stay relief motions
  • Plan negotiations and objections
  • Appeals
  • Out-of-court restructurings
  • Proof of claims

 

Replevin and Repossessions:

The Commercial Litigation Group has extensive experience assisting clients with writs of replevin for personal property such as vehicles, boats and many different types of business collateral. Our attorneys have the technical experience required to obtain an effective writ of replevin in an effort to help clients recover their collateral, as well as assisting clients in seeking deficiencies after or in conjunction with repossession and sale of the collateral.

 

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