Commercial Litigation
Our Litigation team regularly handles a variety of litigation matters for financial institution clients. We handle matters involving claims under Articles 3 and 4 of the Commercial Code. We have experience with all types of enforcement cases, from routine collection matters, judicial foreclosure actions, claim and delivery actions, receiverships and attachment proceedings through complex inter-creditor litigation, including disputes between lead banks and participants. Our litigation attorneys have defended creditor clients and their officers against allegations of bad faith, defamation, interference with contract, misrepresentation, and interference with the borrower's management decisions, fraudulent conveyance, equitable subordination, preference and similar claims.
Our attorneys often use alternative dispute methods such as arbitration or mediation to obtain satisfactory resolution of litigation. Hopkins & Carley's long standing policy of having its litigation attorneys serve as volunteer arbitrators and temporary settlement judges for the Santa Clara County Superior Court adds to our skills in resolving matters without trial as well as our reputation with the bench. When necessary or appropriate, we try cases to conclusion with or without juries.
We have extensive experience representing lenders in restructuring virtually all types of problem loans, including real estate development and construction loans, high technology loans and commercial loans to businesses in a wide variety of industries. Our work is both outside and within bankruptcy proceedings. We work closely with clients to develop strategies designed to maximize the recovery of their classified assets. We participate with the client in evaluating such legal alternatives as forbearance, extension of the maturity date, rescheduling debt service, imposing a performance timetable based on the borrower's projections, financing a Chapter 11 debtor in reorganization, a deed in lieu of foreclosure, a stipulated judgment, or taking additional collateral and guaranties.
