Banking & Finance Litigation

MacElree Harvey’s Banking and Finance Litigation practice group provides legal services to clients who encounter business or personal problems that create financial distress. Whether the financial stress relates to a customer, tenant, competitor, related company, family member, or the client itself, MacElree attorneys are ready to provide counseling, workout solutions and litigation services.

Our Banking and Finance Litigation attorneys have decades of experience regularly working on the following types of matters:

Bankruptcy

Secured and unsecured creditor representations; relief from automatic stays; discharge objections; creditor lien preservation; and defense against debtor or bankruptcy trustee claims for preferences and fraudulent transfers.

Loan Enforcement and Collection

Lender and borrower representations in collection actions, suits on promissory notes, foreclosure actions, confessions of judgment, garnishments, loan default and delinquency proceedings; creditor representations for breach of contract; and purchaser of goods representations for breach of contract.

Real Estate Leases

Landlord representations for lease enforcement; landlord representations for renegotiation of leases in default; landlord representations for collection of delinquent rent; landlord representations for recovery of leased premises possession; landlord representations for evictions; and tenant representations and defense for breach of lease claims.

Loan Workouts

Advise lenders and borrowers regarding debt restructuring, debt consolidation or alternative financing arrangements; and negotiation of loan restructuring to fit the client’s current financial situation.

Liens

Contractor and subcontractor representations for filing of mechanic liens on residential and commercial projects; homeowner or business owner defense representations where mechanics liens have been filed against their property; repairman representations for repairman’s liens; garage representations for garage liens; and warehouse representations for warehouse liens.

Business Disputes and Complex Litigation

Business and individual representations in disputes involving complex commercial transactions and claims including but not limited to fraud, piercing the company veil, successor liability, fraudulent transfers, civil conspiracy and guarantor or personal liability.

Banking and Lender Liability Defense

Bank and other financial institution defense against claims of Uniform Commercial Code Article 3 and 4 violations, negligence, breach of fiduciary duty, breach of contract and fraud allegations; and lender liability representations.

Financial Industry Regulatory Authority (FINRA) Arbitration Litigation

Client representations against brokers or brokerage firms for unsuitable investments and “churning” (excessive buying and selling of securities to generate commissions for the broker) before FINRA.

Executions and Garnishments

Creditor representations to enforce judgments through sheriff sales of real estate, attachment of bank accounts and levy and sale of personal property; advise financial institutions on the attachment of customers’ accounts by creditors; and creditor and debtor post-judgment representations to stay or contest executions.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.