Banking and Lending


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Overview

Anderson  Kill’s attorneys regularly represent national and regional banks, leasing and  finance companies, life insurance companies, investment funds and other  financial institutions in a broad variety of matters, including lending and  other financing transactions, equipment leasing, securitizations, sales and  acquisitions of financial asset portfolios, creditors’ rights, workouts and  bankruptcy, financial services litigation, insurance recovery, and regulatory  matters.Our Banking &  Lending Practice Group offers a comprehensive, inter-disciplinary approach to  the representation of financial services clients, drawing on the experience of  colleagues in Anderson Kill’s Corporate and Securities, Bankruptcy and  Restructuring, Litigation, Real Estate and Construction, and Insurance Recovery  practices.

Lending and Financing Transactions

Representation of banks and other financial institutions in lending and other  financing transactions is at the core of our Banking and Lending practice. Our  attorneys are prepared to meet the tight timeframe requirements often imposed in  loan transactions. Relying on our comprehensive library of firm-crafted model  loan documents and incorporating our clients’ specific documentation guidelines,  we cost-effectively handle complex as well as "garden-variety" loan  transactions.Our attorneys  are experienced in the negotiation and documentation of commercial and  industrial loans, acquisition loans, real estate and construction loans,  SBA-guaranteed loans, asset-based loans, trade finance, and letter of credit  transactions.  Well versed in matters involving the Uniform Commercial Code  and the Bankruptcy Code, as well as the enforcement of creditors’ rights, we  counsel clients on various forms of credit enhancement and optimal structure of  credit relationship.  Transactions routinely handled by our Banking and Lending group also include  sales and acquisitions of financial assets, including distressed-asset  portfolios, and securitizations.  In addition, we advise clients in all  aspects of equipment leasing transactions. 

Workout and Creditors’ Rights

Anderson Kill regularly represents  banking and finance clients in restructurings, workouts and reorganizations and  the enforcement of creditors’ rights, tapping the deep experience of the firm's  Bankruptcy and Restructuring and Commercial Litigation practices as necessary.We represent  our financial services clients in their efforts to collect defaulted loans and  utilize their collateral security, as well as in their efforts to restructure  and otherwise work their way out of distressed credits.  As part of such  representation, we often advise clients on lender liability issues and offer  strategic advice on how to maximize recovery while minimizing potential risk  exposure.  Our attorneys routinely negotiate forbearance and debt  restructuring agreements and debtor-in-possession (DIP) loan agreements, conduct  non-bankruptcy asset liquidations on behalf of secured lenders, and handle  acquisitions and dispositions of distressed assets.  Anderson Kill  insurance recovery attorneys are deeply versed in coverage issues that commonly  arise in bankruptcy, including ownership of insurance proceeds.

Financial Services Litigation

Our attorneys have represented many clients in disputes arising out of checks and payments under Articles 3 and 4 of the Uniform Commercial Code, enforcement of defaulted loans, mortgage foreclosure proceedings, lender liability litigation, and other commercial disputes. We also offer substantial experience in guiding clients through Attorney General investigations and regulatory investigations.  Our litigators and trial lawyers are experienced in all types of financial services litigation and alternative dispute resolution and have a strong track record obtaining successful outcomes in court as well as in arbitration and mediation.