Our banking and finance attorneys at Carlile Patchen & Murphy represent regional and national financial institutions, community banks, life insurance companies, captive lenders and other commercial lending and credit professionals in the documentation of commercial asset based, real estate, second lien or mezzanine credit transactions including acquisition, development, construction, agricultural and permanent financing as well as equipment leasing. Our attorneys provide our clients not only with documents that ensure legal, regulatory and internal rules compliance but confidence that all due diligence requirements will be met before the financing is completed.
Our attorneys have in-depth knowledge in providing commercial lenders’ assistance with intercreditor arrangements, subordinations, revolving loans, syndicated loans, aircraft loans, short track railroad loans, loans for solar photovoltaic energy generation systems, letters of credit, hotel/motel financing, floor plan financing, rate management transactions, low income housing tax credit loans as well as loan purchase and sale transactions and participation agreements.
COMMERCIAL LOAN WORKOUTS AND RESTRUCTURING
Our attorneys are skilled in representing commercial lenders when dealing with workouts of troubled loan facilities. We provide assistance in restructuring and modifying troubled credits through loan modifications, forbearance agreements and other pre-litigation strategies. When restructuring cannot be accomplished, our attorneys offer a wide variety of litigation and enforcement remedies to advocate for our clients including replevins, foreclosures, receiver’s sales, executions and garnishments.
REPRESENTATION OF BORROWERS
Our attorneys are likewise skilled in structuring, reviewing and negotiating commercial credit transactions for our borrower clients. Our experience includes all types of conventional credit transactions (asset or real estate based, public or private) but also extends to syndicated credit facilities and Housing and Urban Development, Federal National Mortgage Association and Federal Home Loan Mortgage Corporation loans for nursing homes, residential care facilities and multi-family properties.
The Carlile Patchen & Murphy LLP Creditor Rights Group offers a multi-jurisdictional, comprehensive legal strategy for accounts receivable management. The goal is to ensure our banks, credit unions, medical groups, retail and commercial clients, obtain maximum recovery of the debt owed in a timely manner while managing costs.
The CPM Creditor Rights Group services are available on both an hourly and contingent fee basis. We provide statewide services for our clients and have developed a network of attorneys to assist with cases in other jurisdictions. Our firm also provides protection of our creditor clients’ rights under the Federal Bankruptcy Code.
Benefits of using CPM’s Creditor Rights Group include:
- Concise remittance, costs, and collection analysis reporting
- Client established work standards
- Experience business lawyers dedicated to the Creditor Rights practice
PROTECTION AND ENFORCEMENT OF CREDITOR RIGHTS IN BANKRUPTCY
Bankruptcy protection provides a powerful national (even international) forum for the protection of individuals and entities with creditor issues. The Bankruptcy Code establishes significant statutory and court procedural requirements, restrictions, rights and powers for a debtor once a Bankruptcy petition is filed.
At the same time, the Bankruptcy Code establishes a veritable thicket of complex obligations, rights, responsibilities and potential risks for the unwary who have, or even have had in the past, a relationship with a bankruptcy debtor. This is so not only where the debtor owes money, but includes virtually every other business relationship imaginable. Landlord or tenant, equipment lessor or lessee, contract party, secured creditor, mortgagee, intellectual property licensor or licensee, money owed, employee or employer, vendor, shipper, contactor, subcontractor, or material man – all can be implicated in a bankruptcy case. Many of the creditor’s rights and protections must be timely and properly raised to be enforced. The lack of diligent action can lose, or severely diminish, the creditor’s rights and potential recoveries in a bankruptcy situation. Our firm is very well positioned to advise those who must deal with a bankruptcy debtor and help identify and enforce their rights. We practice in all the state and federal courts of Ohio, as well as nationally in bankruptcy matters as our clients’ circumstances may require.
DEFENDING BANKRUPTCY LITIGATION
Among the most frustrating aspects of bankruptcy, for creditors and non-creditors alike, are the very powerful rights that allow the debtor or trustee to essentially undo (avoid) and recover for the bankruptcy case the payments made and property transferred, or its value, and certain payments made by the debtor before the bankruptcy case was filed, in some cases years before.
For many years, our firm has defended these types of avoidance and recovery actions, as well as successfully asserted defenses, claims and other rights of our clients, in bankruptcy courts. Importantly, with a deep understanding of these types of potential risks, issues, and costs, our firm provides practical and knowledgeable counsel and advice so as to minimize these risks for our clients before the potential bankruptcy becomes a reality or a bankruptcy filing occurs.
DEALING WITH INSOLVENCY ISSUES
We represent clients who are involved in negotiations with financially challenged troubled persons, whether they are facing bankruptcy or both before and after that challenged person may be forced into Bankruptcy. The nature of breadth of these topics that arise in these negotiations is unlimited, and can has included: landlord and tenant rights and protections, defending claims to recover preferences, defending claims for fraudulent conveyances, defending claims or lien avoidances, protecting use of cash collateral, enforcing proofs of claim, objection to claims allowance; representing clients in adversary proceedings and contested matters litigation, enforcing proofs of claim, enforcing lease rights and contract assumption or rejection and damages claims, enforcing creditor rights in chapter 13 plan proceedings rights, asserting with objections to debtor discharge and claim dischargeability.
We are well-positioned to provide our clients with advice and practical business solutions for potential transactions or troubled business relations.