We have provided assistance to banks, savings and loans, and other financial institutions both public and private for a combined 5 decades. Whether the loan involves a floor plan, a lease pool, a participation, new construction or renovation of existing real estate, pad site development, residential subdivisions, is asset based, includes lines of credit, letters of credit, involves commercial mortgage-backed securities for all loan amounts, we have the experience to prepare and negotiate the documents. We tailor them to the individual credit and the intent of the parties providing the maximum protection for our client. Unlike larger firms where departmentalization has created practice groups where professionals focus only on one aspect of the lender/borrower relationship, our attorneys have experience in the enforcement of the rights contained within the documents and therefore can incorporate meaningful remedies and protection.
With today’s technology, “unlocking” standard documentation is available like never before to allow a lender who is budget conscious to utilize existing document programs while tailoring the documents for a particular transaction, collateral and to fulfill other needs.
We know that when it comes time to enforce the loan documents following maturity or other default, it is important that action be taken swiftly and effectively. Accordingly, let our experience in “races to the courthouse”, beating a bankruptcy deadline, processing emergency relief and otherwise following through to recover all collateral and otherwise enforce the right of the lender be put to its best use - to help you.
You can trust us to handle the matter from inception to completion within a realistic time frame and with meaningful communication throughout the process. With experience in both Kansas and Missouri - sometimes simultaneously- on multiple obligations and involving various collateral interests we can provide a plan for recovery that makes sense, is cost effective and achieves your needs.
Important rights can be lost when a borrower files bankruptcy if the lender is not diligent in pursuing its rights. Our internal docket and management systems enable us to stay on top of all deadlines and our general experience in Chapter 7, 11, 13 and 12 enable us to prepare for actions of others and to provide an effective representation of our lender clients in the event of a bankruptcy.
Whether it is filing or litigating claims, prosecuting fraud, defending preference actions or other Trustee or debtor actions, we have the experience and the ability to include the matter from beginning to end.
Some of our best work has been to follow the matter into a bankruptcy after state or federal court or self help actions have been taken. We are the horse you can ride through it all. There is no gap in representation and no need to change midstream. We can handle it.
Definitely through the past five to ten years, but also throughout their entire careers our attorneys have worked on hundreds of modifications and workout scenarios. Let our experience benefit you by providing alternatives to “the standard” forbearance agreements as we apply our tools and tricks of the trade to assist you in not only modifying the borrower/lender relationship but also enhancing the credit.
Unfortunately many modifications and workouts do not result in full performance of the loan, so that is why the modification process if properly utilized can save time and eliminate protracted litigation.
Probate is a murky area for many creditors. Unusual procedures and unfamiliar rules need not confuse or confound you. We help you navigate those, meet necessary deadlines and defend and protect your rights.
Our attorneys are experienced in representing lenders in a variety of situations in the probate courts of Kansas and Missouri. Let us help you avoid the pitfalls and properly file and assert your claims to payment or assets as appropriate. In addition to commercial representation on individual assets or borrowers our attorneys are available to help with the broader issues on creditor representation to avoid the loss of valuable rights to lenders. Ask us for help.
Article 8 of the Uniform Commercial Code governs investment property. Our attorneys have prepared documents used to define relationships and borrowing between the private banking, trust and the commercial divisions of various financial institutions. We have further documented and litigated investment security collateral claims and actions.
While each type of collateral is treated differently and has different inherent rights and responsibilities to be followed, the least publicized and most technical involve marketable securities and other investments. Our attorneys can help navigate that unfamiliar process. Not limited to the debtor/creditor relationship, our attorneys are also familiar and have experience in crafting contracts to protect valuable interests and eliminate unnecessary liabilities for our lender clients while providing for asset and income opportunities that an independent investment tenant might provide.
While Check 21 and other internet based rules and regulations have somewhat obviated the need for monitoring and protection relative to the midnight clearance deadlines, there are still areas involving negotiable instruments which are not routine to most counsel. Our attorneys have handled the general lender calls for years. We can provide assistance to your financial institution. From a simple as a tutorial on or practice pointers to utilize powers of attorney to discovering and protecting against check fraud and check kiting, we have experience reversing, enforcing and tracing funds through multiple institutions. We stand ready to provide this assistance for you.
Loan Audit and Policing
From their experience in the savings and loan crisis of the 1980’s and 1990’s our counselors have hands on experience with loan audits, covenant monitoring and policing collateral. Able to understand and interpret the regulations pertaining to file documentation and monitoring, our attorneys can provide assistance tailored to the particular needs of our clients to help audits run smoother and for internal compliance to be easily monitored.
From the in-house investigation standpoint, meeting with corporate security, processing of initial demands, running meetings with borrowers and other involved parties to coordinating intra and interbank policies, our attorneys are well versed in the tricks and nuances of bank fraud. Representing lenders for many decades in state and federal including bankruptcy court has been a staple of our firm’s practice. Knowledge of the inner workings of the debtor/creditor relationship, the covenants and agreements to be followed through the relationship by the parties and the planning and evidence required to successfully prosecute such cases is one of our great strengths.
Whether you require assistance with a SAR report, to run a meeting with an errant customer or borrower or prosecute and recover losses from bad conduct, we are available for you. We invite you to call on us to provide assistance in these types of cases where we can put our knowledge to work for you to obtain meaningful outcomes.