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.