Practice Groups

Financial Services Litigation

Horwood Marcus & Berk Chartered attorneys are highly skilled in protecting the interests of lenders when loans go into default.  We have substantial experience in commercial collection litigation, international asset collection, real estate foreclosures and other real estate-related litigation, Uniform Commercial Code Collection ("UCC") matters, workouts and bankruptcies.  Our litigators have successfully pursued lawsuits involving collections on notes and guaranties, perpetration of fraud against banks, check kiting schemes and forged check schemes.  We also have litigated cases involving fraud perpetrated by bank employees and officers through embezzlement, false loans and theft.  Our commercial cases for lender clients include inter-creditor disputes and foreclosure of assets in asset-based loans.  We routinely handle a substantial number of UCC foreclosure sales involving beneficial interests in land trusts, equipment, accounts receivable and inventory.

The firm has significant experience in both national and international discovery and recovery of assets.  We have a network of private investigators available who will assist in the search for assets, and our attorneys are well-versed in collection procedures necessary to recover an asset.  Recognizing that the debtor is not always the sole source of recovery, we focus on how the debtor has treated his assets, whether there have been fraudulent conveyances and who has assisted the debtor in any "wealth management."   In the international arena, Horwood Marcus & Berk Chartered's substantial resources provide skilled and personal service in effecting recovery, oriented toward discovery and seizure of assets in foreign countries and enforcing claims domestically.

Decades of experience in commercial real estate and lending give Horwood Marcus & Berk Chartered a substantial edge in litigation on behalf of financial institutions related to foreclosures, mechanics' liens, land use and zoning, commercial landlord-tenant, and property management matters.  The firm has successfully represented lenders foreclosing on single-family residential (in connection with commercial transactions), commercial retail and office properties, apartment buildings, farms, partially-completed residential developments, industrial, and specialty and mixed-use properties.  Horwood Marcus & Berk Chartered has been involved in several cutting-edge matters involving receivers, including their right to seize rents and other assets held by owners/borrowers.                              

Horwood Marcus & Berk Chartered attorneys have substantial experience in collections and workouts for a large variety of financial institutions.  Our efforts have involved restructuring of existing loans and entities, preparing forbearance and inter-creditor agreements, and advising lenders on the best methods of liquidating the assets of the borrower.  We have liquidated virtually every type of asset, including shipping vessels, sailboats, locomotives, planes, metalworking plants, woodworking plants, perfume factories, bakeries, roofing material manufacturers, restaurants, cellular beeper businesses, racetracks and other esoteric businesses.  We work with the staff of the lender to develop a strategy to obtain the best possible value at the least costs and risk to the lender. 

Horwood Marcus & Berk attorneys are also known for their deep experience in the field of bankruptcy.  The firm has been engaged in every aspect of bankruptcy, including representation of secured creditors, unsecured creditors, creditors' committees and debtors.  In particular, Horwood Marcus & Berk Chartered represents financial institutions in connection with financing Chapter 11 debtors through debtor-in-possession financing and cash collateral orders, negotiating use of creditors' assets by a company in bankruptcy, or by prohibiting such use and recovering possession of the creditors' property or collateral.  We have represented secured and unsecured creditors in contested confirmation hearings, and have filed and confirmed reorganization plans on behalf of secured and unsecured creditors, thereby taking control of the reorganization process to facilitate recover on creditors' claims.

 

Industries Served

     

    Cases

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