Financial Institutions & Creditors' Rights

For decades, our lawyers have been representing financial institutions, businesses and other parties in the protection and advancement of creditors' rights.

Serving the Financial Ecosystem

Because of our deep understanding of the business and legal issues faced by sophisticated creditors, clients rely on us to provide practical and efficient solutions. 

Our clients include:

  • Banks, credit unions, and finance companies
  • Landlords
  • Leasing companies
  • Manufacturers and other vendors
  • Other secured and unsecured lenders, including institutional investors and high net worth individuals
  • Private banking and trust operations

Comprehensive Range of Legal Services

In representing our clients in everything from ordinary course and financially troubled transactions to litigation, we offer our clients a broad and extensive range of legal services:

  • Articles 3 and 4 claims and defenses, including defense of claims of forged and altered checks and negotiable instruments
  • Assessing and managing risks from environmental issues as part of due diligence in lending or foreclosure decisions
  • Commercial lending advice and documentation
  • Construction loan documentation and enforcement
  • Defense and protection of creditors in civil and bankruptcy proceedings
  • Factoring and other asset-based lending advice and documentation
  • Guarantees and third-party pledges
  • Inter-creditor agreements, loan participations and syndications, and inter-creditor disputes
  • Letter of credit transactions
  • Loan assumptions and reaffirmations
  • Loan sales and assignments
  • Loans to technology companies, including creation and perfection of security interests in intellectual property
  • Real estate lending and project finance advice and documentation
  • Warrants and other equity participations
  • Wire transfer fraud defense and prosecution
  • Workouts, remedial actions, writs and receivers, foreclosures and other enforcement actions on behalf of secured or unsecured creditors, including actions in state, federal and bankruptcy courts
  • Represented national commercial lender in a claim against borrower and other parties for recovery of diverted collateral.  Obtained payment of multimillion dollar credit in full and restructured related credits through a multi-party settlement agreement.
  • Represented a large regional bank in a series of related construction loans secured by deeds of trust on land to be developed as a mixed use project including a hotel and retail space.
  • Represented real estate secured lender in judicial foreclosure of undeveloped real property, obtaining full payment of all principal, interest, fees and costs.
  • Represented a regional bank in the sale of three problem construction loans aggregating more than $15 million in principal to an investor.
  • Represented a major Bay Area municipality in the Chapter 11 filing by one of the largest terminal operators at a West Coast port.

Bankruptcy Bytes: What's Happening In Bankruptcy Court Now

In this Bankruptcy Byte, Monique Jewett-Brewster and Jay Ross discuss current activity and realities in bankruptcy cases. Read more »

Bankruptcy Bytes: Voting on Chapter 11 Plans

Monique Jewett-Brewster explains the process for voting on a Chapter 11 plan and classification of claims and interests for voting. Read more »

Bankruptcy Bytes: Good News! The Debtor Filed Bankruptcy

Steve Kottmeier explains several ways in which creditors actually may want/be helped by a bankruptcy filing. Read more »

Bankruptcy Bytes: Chapter 11 Bankruptcies

Jay Ross discusses the end-game for Chapter 11 Bankruptcies: reorganization plans and Disclosure Statements. Read more »

Bankruptcy Bytes: Relief from Automatic Stay

In our next Bankruptcy Bytes segment, Erika Gasaway provides an introduction to what creditors can do to get reprieve, or "relief," from the automatic stay. Read more »

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