We have substantial experience representing lenders and commercial creditors.
Over the past 27 years, we have been involved in all aspects of lender litigation- collection complaints, loan workouts, loan documentation (promissory notes, security agreements, letters of credit, deeds of trust and forbearance agreements), bankruptcy litigation, and all forms of creditor remedies (writs of attachment and possession, receivership, fraudulent transfer claims, judgment debtor examinations). We have worked with multiple special asset departments and in some cases assisted in formulating loan workout policies and procedures.
We have provided legal advice on a variety of bank issues such as rights under business loan and security agreements (under Article 9), loan modifications, negotiable instruments and forged endorsements under Articles 3 and 4. We have defended banks on borrower and third party cross-complaints, some challenging the bank’s internal loan policies and procedures or third party participation agreements.
For private commercial lenders we have handled their corporate, commercial, labor and employment legal issues in addition to collection and bankruptcy litigation and REO portfolios. Mr Jimenez has served as a foreclosure trustee for several private commercial lenders in nonjudicial foreclosures under the power of sale provisions under deeds of trust, and provided advice and representation in judicial foreclosure actions.
We have served as counsel for creditors’ committees, and are involved in all aspects of representing lenders in chapter 11, 7, 13 and 12 (farmers) cases, including cash collateral, first day motions, relief from stay, and plan formulation.
We have handled adversary proceedings and contested hearings, involving claims filed by trustees and debtors, and prosecuted discharge complaints and UCC priority claims among competing creditors.
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