Financial Institutions & Creditors’ Rights
Hopkins & Carley provides a comprehensive range of legal services throughout California to banks, finance companies, institutional investors, investment banks, private banking and trust operations, credit unions, brokerage firms, landlords, leasing companies, and other secured and unsecured lenders. In addition, we provide services to businesses of all kinds, including manufacturers or other vendors who deal with debtor parties in ordinary course business or financially troubled transactions.Scope of Services
- Commercial lending advice and documentation
- Factoring and other asset-based lending advice and documentation
- Real estate lending and project finance advice and documentation
- Inter-creditor agreements, loan participations and syndications, and inter-creditor disputes
- Guarantees and third-party pledges
- Letter of credit transactions
- Loans to technology companies, including creation and perfection of security interests in intellectual property
- Warrants and other equity participations
- Workouts, remedial actions, writs and receivers, foreclosures and other enforcement actions on behalf of secured or unsecured creditors
- Defense of creditors in civil and bankruptcy claims
- UCC Articles 3, 4 and 4A advice and litigation
- Employment and human resources law, including counseling and representation in litigation
- Real property leasing
- Creditor representation in bankruptcy and in assignments for benefit of creditors and other informal reorganizations
- Representation of purchasers and sellers of bank loans and other claims or servicing rights
- Representation of trust departments and companies in trust or estate litigation, litigation avoidance, tax planning and controversy, accountings, trust reformation and termination, trust challenges, fiduciary duty and elder abuse.
Commercial and Asset-Based Lending
Our Professionals have been engaged to create or review lending and other creditor materials and forms including: secured and unsecured loan notes and agreements; inter-creditor, subordination, control, and participation agreements; guaranty agreements; security and pledge agreements; warrants and other equity agreements; and other customary materials and forms used by institutional clients.
We have substantial experience in various aspects of commercial lending, including loan participations, negotiable instruments, guaranties, subordinations, warrants, and loans secured by diverse types of collateral, including accounts, equipment, inventory, receivables, securities, and intellectual property. We often deal with issues concerning the creation and perfection of security interests in copyrights, trademarks, and patents, which are frequently a major component in Silicon Valley secured lending.
Real Estate Lending
We represent clients in structuring, negotiating, and documenting all types of commercial real estate loans. These loans include acquisition, development, construction, mini-permanent, and permanent loans for office buildings, R&D facilities, warehouses, and retail development projects, wine producers, houses of worship, hotels, multifamily residential projects, and mixed-use development projects.
We regularly handle a variety of litigation matters for institutional and other creditors. We have experience with all types of enforcement cases, from routine collection matters, claim and delivery actions, receiverships, and attachment proceedings through complex intercreditor litigation, including disputes between loan participants. We handle matters involving check or other negotiable instrument or funds transfer claims under UCC Articles 3, 4 and 4A. Our litigation Professionals have defended creditor clients and their officers against allegations of bad faith, defamation, interference with contract, misrepresentation, fraudulent conveyance, aiding and abetting, preference, and other claims.
Problem Loans and Credit Relationships
Our Professionals have extensive experience representing lenders and other creditors in restructuring virtually all types of problem loans and credits, 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 on behalf of secured and unsecured creditors.
Several of our creditor lawyers are highly experienced in California's laws governing real property security, including anti-deficiency, one form of action and mixed collateral statutes, rights against guarantors, receiverships and foreclosure procedures, both judicial and non-judicial. We work closely with title insurance companies and private trustees to make sure that non-judicial foreclosures proceed smoothly and effectively.
We represent secured and unsecured lenders, trustees, credit providers, asset purchasers, vendors, landlords, state court receivers, and other interested parties in restructure, refinance, and insolvency proceedings, including bankruptcy. Our clients include companies in banking, real estate, construction, manufacturing, hospitality, radio, technology, engineering, entertainment, institutional lending, insurance, and nonprofit.
Our extensive experience with entity reorganizations, restructurings and insolvencies, creditor-debtor relationships, and bankruptcy allows us to achieve positive results for our clients, protecting their interests and rights in and out of bankruptcy proceedings on an expeditious and cost-effective basis, reducing litigation risk and expense whenever possible; if necessary, we tenaciously represent our clients in court to achieve the best result possible.
Our bankruptcy representation includes:
- Cash collateral issues
- Sales of assets
- Dischargeability actions
- Relief from stay motions
- Disclosure statements and reorganization plan negotiations and proceedings
- Preference and fraudulent conveyance defense
- Claim prosecution
- Landlord representation
- Environmental Matters
We have advised lenders on their rights and responsibilities under federal, state, and local environmental laws and regulations. We call upon our firm's environmental counsel who have extensive experience involving complex environmental clean-up and cost-recovery cases, including the management and oversight of complex environmental geotechnical studies and site investigation, toxic tort, and related property litigation.
Trust and Estates Advice and Dispute Resolution
Hopkins & Carley is the largest firm in Santa Clara County devoting an entire practice group to the field of trust and estate litigation. Our seasoned trust and estate litigators, working with our estate planners, offer the unique ability to foresee issues that may lead to litigation and find creative solutions to avoid it. Cognizant of a fiduciary's duty of loyalty, our litigators work closely with our estate planners to find creative methods to resolve disputes. We represent institutional fiduciaries, independent fiduciaries, conservators and beneficiaries. We also work with clients regarding accountings, challenges to estate plans, trust reformations, fiduciary obligations, real estate issues, conservatorships, elder abuse, and other Probate Code matters.