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    • Banking & Finance Law
    • Bankruptcy & Creditors' Rights
    • Commercial Lending
    • Community Banking
    • Consumer Finance
    • Public & Project Finance
    Services | Financial Services expect
    EXPERIENCE
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman Thomas & Battle assists providers and users of financial services and products throughout the nation from our offices in West Virginia, Virginia, North Carolina and Pennsylvania.  

    Our work for financial institutions includes advice and representation in formation and development efforts, mergers and acquisitions, and holding company strategies, as well as structuring, documenting and closing transactions. Our knowledge and experience in bankruptcy law and creditor rights play a vital role in our efforts to assist lenders in restructuring troubled credits and collecting from obligors and liquidating collateral.

    Our banking and finance lawyers also provide guidance in consumer lending and liability issues, fiduciary matters, title insurance services, and tax-advantaged transactions, including tax credits and bonds for manufacturing facilities and 501(c)(3) organizations.

    Those seeking capital can find help at Spilman. We assist start-ups with equity raises, public bodies and charitable organizations with bond issues, and businesses and developers with corporate and project financings.

    Our Banking & Finance Services

    For more information regarding our banking & finance practice, contact:

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com
     

    Primary Contacts:

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

     

     

    Team Roster:

    Rayford K. (Trip) Adams III Debra Lee Allen Carter R. Brothers Carl H. Cather III Drew A. Cather Mark D. Clark David R. Croft K. Paul Davis F. B. Webster Day Robert J. Dobkin Travis H. Eckley Patrick R. Esposito II David P. Ferretti W. Eric Gadd William M. Herlihy Lee O. Hill Bryce J. Hunter Bruce M. Jacobs Gerald E. (Gee) Lofstead III Brienne T. Marco Donald A. Nickerson, Jr. Joyce Fleming Ofsa Peter M. Pearl Brian H. Richardson Alison M. Sacriponte Ronald W. Schuler Joseph C. Unger Hugh B. Wellons     Multi-Million Dollar Financing Results in Premier Space for Motorcycle Manufacturer Biotech Startup Gets $10M in Funding Agricultural Lending Institution Closes $5M+ Credit Facility Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    Spilman Recognized in Chambers USA 2022
    6/9/2022
     
    Promissory Notes - Banking & Finance Insights, Volume 2, Issue 5
    6/1/2022
     
    Litigation Associate Joins Spilman
    5/3/2022
     
    Promissory Notes - Banking & Finance Insights, Volume 2, Issue 4
    4/27/2022
     
    Promissory Notes - Banking & Finance Insights, Volume 2, Issue 3
    3/30/2022
     
    Promissory Notes - Banking & Finance Insights, Volume 2, Issue 1
    1/26/2022
     
    Promissory Notes - Banking & Finance Insights, Issue 10
    12/13/2021
     
    Promissory Notes - Banking & Finance Insights, Issue 9
    11/3/2021
     
    Promissory Notes - Banking & Finance Insights, Issue 8
    10/6/2021
     
    Spilman Member Wellons Named on 2021 "Leaders in the Law" List
    9/13/2021
    • Overview
    • Professionals
    • Results
    • Resources
    Lenders, borrowers, trade vendors, landlords and lessors face increasing financial risks. Many clients are surprised at the speed with which action must be taken to preserve their rights in a bankruptcy case. 

    Many of Spilman’s bankruptcy and creditors’ rights lawyers have decades of experience representing parties in cash collateral disputes, preference actions, asset purchases and sales, reclamation claims, executory contract and leasing issues, and numerous bankruptcy litigation matters, including automatic stay, equitable subordination, fraudulent transfer, and claims objections. We also counsel clients through the disclosure and plan confirmation process and, when necessary, we have represented clients through the bankruptcy appeals process in the District and Circuit Courts.
     

    Bankruptcy Litigation

    Bankruptcy litigation sounds like a paradox to many. Seasoned bankruptcy practitioners, however, understand that there are plenty of situations in bankruptcy requiring litigation experience. Examples vary. Indeed, even a contested motion for relief from the automatic stay can raise litigation issues. Other examples include pre-bankruptcy complaints to appoint a receiver, to obtain an injunction, or to set aside a fraudulent conveyance. The bankruptcy petition itself could be contentious, too, if a creditor (or group of creditors) files an involuntary petition. Then, within the bankruptcy case, it sometimes makes sense to compel the appointment of a receiver. Once the debtor moves towards confirmation of a plan or a Chapter 7 trustee moves forward with liquidation, plenty of other litigation needs arise. Avoidance actions, complaints to determine validity or priority of a lien, motions to turn over property--all fall under the category of bankruptcy litigation. In still other cases, a debtor might have significant accounts receivable to collect or business torts to pursue. These situations also warrant knowledge and experience in both litigation and bankruptcy law.

    At Spilman, our team has a unique breadth of experience that we have finely tuned into a cohesive unit able to handle even your most nuanced bankruptcy litigation needs. Whether you are a trustee, a creditor, a debtor, a liquidating trustee, a defendant in a bankruptcy adversary proceeding, or any other type of party-in-interest to a bankruptcy, we are ready to step in swiftly to handle any bankruptcy litigations needs you might have.
     

    Secured Creditors

    Problem loan workouts require knowledge of a broad spectrum of legal fields, including litigation, secured lending, real estate, fraudulent conveyances, corporate law, taxation and the Uniform Commercial Code.  While each of these areas of the law can be challenging in its own right, it becomes even more difficult when the Bankruptcy Code applies.  We take pride in bringing creative solutions to minimize financial risk in many difficult situations.

    Outside bankruptcy, we assist creditors with out-of-court workout matters. We frequently assist clients in reviewing loan documents and assist in protective action in anticipation of possible bankruptcy filings by borrowers or pledgors. We also counsel clients in negotiating and drafting forbearance agreements and in the sale of distressed loans. When necessary, we aggressively pursue state law remedies, such as collateral recovery, injunctions, attachments, replevin and detinue actions, foreclosure auctions, and secured party sales.
     

    Trade Vendors and Suppliers

    Spilman’s bankruptcy and creditors’ rights lawyers assist in protecting clients against credit risks before a customer bankruptcy filing. We deliver value to clients proactively by advising our client’s business and legal personnel regarding the adoption of credit management techniques before a customer files bankruptcy that can increase the client’s likely recovery if the customer later files bankruptcy, while also reducing the risk of liability in a preference lawsuit.

    When a bank customer files bankruptcy, it must move quickly. Creditor recoveries can decline significantly if the proper action is not taken immediately. We help clients maximize recoveries by ensuring that they aggressively and timely assert their rights, including (i) reclamation demands, (ii) section 503(b)(9) administrative claims, (iii) stoppage of delivery rights, (iv) UCC adequate assurance rights, and (v) executory contract rights, including cure claims. We also develop creative solutions aimed at maximizing recoveries while preserving future revenue when the debtor remains a viable customer.
     

    Debtors and Troubled Companies

    Spilman’s lawyers represent debtors and troubled companies in all aspects of financial reorganization both in bankruptcy court and outside of bankruptcy court. 
     

    Creditors’ Committees

    In Chapter 11 cases, creditors’ committees play an important role. Spilman’s bankruptcy lawyers have served as counsel to numerous creditors’ committees. Additionally, our lawyers have served as counsel to committee members, including the chairs of those committees. 
     

    Landlords and Equipment Lessors

    Spilman bankruptcy lawyers are experienced in all areas of representing landlords and equipment lessors in collection matters and in bankruptcy court. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, these creditors have increased rights relating to the assumption or rejection of leases. Experienced counsel can ensure that these rights are properly leveraged to achieve the client’s business goals. 
     

    Distressed Asset Acquisitions

    Financially distressed companies often must sell their assets at a steep discount. Both established and start-up companies with valuable new technologies often find themselves under-capitalized and in need of a buyer.  Often, with creditors at the door, these companies must seek refuge in Chapter 11 – and opportunity can abound. These cases generally move very quickly.  A purchaser may miss the full potential of such an acquisition without the benefit of a multidisciplinary legal team consisting of lawyers with experience in bankruptcy, mergers and acquisitions, labor and employment, environmental, intellectual property, and product liability issues, to name a few. 

    Our lawyers have extensive experience representing purchasers of “distressed assets,” and we can deploy the value of the Spilman legal model across a full range of practice areas to represent clients in acquiring assets of distressed companies, which may have great potential to increase a client’s future bottom line.

    For more information regarding our Bankruptcy & Creditors' Rights Practice Group, contact:


    Peter M. Pearl
    540.512.1832
    ppearl@spilmanlaw.com 

    Primary Contact:

    Peter M. Pearl
    540.512.1832
    ppearl@spilmanlaw.com 


    Team Roster:

    Rayford K. (Trip) Adams III Debra Lee Allen Mark D. Clark Sally E. Edison W. Eric Gadd Matthew P. Heiskell William M. Herlihy Bryce J. Hunter Bruce M. Jacobs Julian E. Neiser Peter M. Pearl Brian H. Richardson Lori D. Thompson     Bankruptcy Court Decision Affirmed for Creditor Client
    Litigation Associate Joins Spilman
    5/3/2022
     
    Buyer Beware: Structured and Leveraged Buyout May Breach Fiduciary Obligations
    3/3/2021
     
    Bankruptcy Chatter and COVID-19: Bankruptcy & Creditors' Rights Insights, Issue 1
    5/29/2020
     
    How to Identify and React to Fraud in the COVID-19 Era
    5/28/2020
     
    Revisiting Bankruptcy Filing Papers
    5/28/2020
     
    Subchapter V and the Single Asset Real Estate Debtor in a COVID-19 World
    5/28/2020
     
    Top 10 Bankruptcy Truths for Creditors to Know
    5/28/2020
     
    The Use of Receiverships in Pre-Bankruptcy Litigation
    5/21/2020
     
    The Importance of the Bankruptcy Discharge and How to Attack It
    5/6/2020
     
    Think Your Debt is Dead in the Water? Think Again!
    5/5/2020
    • Overview
    • Professionals
    • Resources
    Our law firm has a wide range of experience representing lenders in secured and unsecured, syndicated, participated and single-bank financings, including: 
     
    • Acquisition financing
    • Asset-based lending
    • Commercial real estate lending
    • Leveraged lease transactions
    • Letter of credit transactions
    • Project financing
    • Mezzanine financing
    • First lien/second lien financings
    • Swaps and other credit-enhanced transactions
    Spilman’s commercial lending practice provides services across a wide array of industries and a variety of collateral packages. Our attorneys assist in the due diligence, negotiation and documentation of such transactions on behalf of local, regional and national financial institutions.    
     
    Our group of diverse attorneys provides an array of experiences and backgrounds, including work as in-house counsel. We hope to use that experience and know-how to provide responsive, effective representation of clients in loan transactions.

    For additional information about Spilman's commercial lending services, please contact:

     

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

    Primary Contact:

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

     

    Team Roster:

    Mark D. Clark F. B. Webster Day Bryce J. Hunter Hugh B. Wellons
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018
     
    Federal Reserve Board Publishes SOFR as a Replacement for LIBOR
    5/3/2018
     
    Spilman Ranked First Tier in 24 Areas of Law by U.S. News – Best Lawyers
    11/3/2014
    • Overview
    • Professionals
    • Resources
    Spilman Thomas & Battle serves clients in the community banking industry across the spectrum of their legal needs. From law offices in North Carolina, Virginia, West Virginia, and Pennsylvania, our community banking attorneys collaborate with clients on a multitude of issues spanning the business environment, advising and representing them in matters such as:
     
    Spilman attorneys are immersed in the community banking industry, helping clients understand and appreciate the unique challenges and opportunities facing community and super-community banks. We serve as outside general counsel or as an extension of a client’s in-house legal department through prompt, knowledgeable assistance on a wide array of legal and banking issues. We also regularly provide opportunities for updates and education on legal and banking issues through such means as timely and informative seminars, webinars and e-newsletters. Finally, as part of our commitment to offer clients maximum value, we offer both traditional and alternative billing arrangements for our services.  

    Whether you need legal representation or general business advice, Spilman’s seasoned community banking lawyers are well-equipped to assist and would welcome the opportunity to do so.

    For more information regarding our community banking practice, please contact:


    Hugh B. Wellons
    540.512.1809
    hwellons@spilmanlaw.com
     

    Primary Contact:

    Hugh B. Wellons
    540.512.1809
    hwellons@spilmanlaw.com

     

    Team Roster:

    Bryce J. Hunter Hugh B. Wellons
    Spilman Member Wellons Named on 2021 "Leaders in the Law" List
    9/13/2021
     
    Chief Financial Officers Focus on Today and the Future: An Interview
    3/3/2016
     
    Community Banking Excellence: Issue 1, 2016
    3/3/2016
     
    Cybersecurity: What You Must Know and What You Must Do
    3/1/2016
     
    Highmark Properties Revisited: Lender Credit Bids
    3/1/2016
     
    The Oil and Natural Gas Industry: The Impacts and Uncertainty Continue
    3/1/2016
     
    Looking Back, Looking Forward – A 2015 Retrospective and 2016 Predictions
    12/30/2015
     
    Revisiting the Post-Bankruptcy Toolbox: Don’t Forget to Compare the Financials
    12/30/2015
     
    Virtual Currencies and the Risks They Bring to Community Banks and the Financial Industry
    12/30/2015
     
    Community Banking Excellence: Fourth Quarter 2015
    12/30/2015
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman has defended hundreds of individual and class-action lawsuits regarding alleged violations of federal and state consumer protection statutes, including the West Virginia Consumer Credit and Protection Act, the Federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth-in-Lending Act and Regulation Z.

    Our clients include national banks, federally chartered and insured financial institutions, state banking corporations, hospitals, professional debt collectors, other law firms, cable operators, check warranty companies, insurance companies, satellite operators, retail stores, mortgage brokers and loan servicers. We have also represented clients in investigations by state and federal regulators such as the Federal Reserve Board and several state attorney general offices.

    Our experiences extend well beyond the boundaries of West Virginia. Spilman lawyers have been lead counsel and have managed consumer protection cases in Kentucky, North Carolina, Ohio, Pennsylvania and Virginia. We have also assisted clients in matters pending in several other jurisdictions, including several nationwide cases, and have counseled clients on compliance with federal lending, credit reporting, debt collection and privacy laws in their nationwide operations. As a result of our experience, several lawyers are frequent speakers in national continuing legal education seminars regarding consumer finance litigation and class actions.

    Our Consumer Finance Litigation Practice Group is organized to meet not only your litigation needs, but every aspect of your business. The practice group consists of more than 40 lawyers with the experience in consumer protection laws to provide compliance counseling, government relations, litigation defense and client support services, such as debt collection.

    To learn more, please contact the Consumer Finance Litigation Practice Group:


    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

     

    Primary Contact:

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

     

    Team Roster:

    Debra Lee Allen Angela L. Beblo James S. Crockett Jr. Lee D. Denton Carrie H. Grundmann Matthew P. Heiskell Bryce J. Hunter Bruce M. Jacobs Kelly J. Kimble Tai Shadrick Kluemper Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Nicholas S. Preservati Lori D. Thompson Gerald M. Titus III Alexander L. Turner     Summary Judgment Granted in Class Action Against Spilman Client Consumer Finance Matter Settled for 1/5 of Demand WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
    All Consuming - Financial Litigation Insights, Volume 3, Issue 6
    6/8/2022
     
    All Consuming - Financial Litigation Insights, Volume 3, Issue 5
    5/11/2022
     
    All Consuming - Financial Litigation Insights, Volume 3, Issue 4
    4/13/2022
     
    Student Loans: Stressors and Pitfalls as Repayments Begin and CFPB Actions Against Alleged Fraudulen
    3/9/2022
     
    All Consuming - Financial Litigation Insights, Volume 3, Issue 3
    3/9/2022
     
    All Consuming - Financial Litigation Insights, Volume 3, Issue 2
    2/9/2022
     
    All Consuming - Financial Litigation Insights, Volume 3, Issue 1
    1/12/2022
     
    All Consuming - Financial Litigation Insights, Volume 2, Issue 24
    12/7/2021
     
    All Consuming - Financial Litigation Insights, Volume 2, Issue 23
    11/16/2021
     
    All Consuming - Financial Litigation Insights, Volume 2, Issue 22
    11/2/2021
    • Overview
    • Professionals
    • Resources

    Getting Deals Done

    At Spilman, we thrive on complex, innovative financings--the bigger the challenge, the more driven we are to tackle it. In fact, our team has been involved in some of the most creative financings in the state of West Virginia, including large health care financings, a number of significant tax increment financings and the first financing utilizing municipal sales tax revenues in West Virginia. Our team strives to always respond quickly and effectively to develop creative solutions to allow our clients to achieve their project objectives. Lawyers on our team regularly serve as bond counsel, disclosure counsel, issuer’s counsel, underwriter’s counsel and developer’s counsel.

    Our attorneys have led and participated in transactions for a wide variety of tax-exempt and taxable financings of public and private projects, including, but not limited to, the following:
    • Health care facilities
    • Recreational facilities
    • Higher education facilities
    • Primary/secondary educational facilities
    • Highways/public roads
    • Government facilities
    • Solid waste facilities
    • Airports
    • Parking facilities
    • Manufacturing facilities
    • Drinking water facilities
    • Electrical generating facilities
    • Sewer and waste water facilities
     
    Economic development projects are an area of unique capability for the Spilman team. We can assist clients in structuring, negotiating and documenting economic development transactions, including, but not limited to, the following:
    • Municipal sales and use tax financings
    • Tax increment financings
    • Financings to facilitate payments in lieu of taxes (PILOTs)
    • Public-private partnerships
    • New Market Tax Credits

    Serving Our Clients

    Regardless of the issues you need help with, we have the necessary experience to assist you with all aspects of municipal financings. Here are some areas in which we can assist:
    • Post-issuance tax compliance matters and monitoring
    • "Private Business Use" analysis
    • IRS audits of tax-exempt bonds
    • Securities issues, including preparation of disclosure documents, SEC filings and preparing annual and quarterly SEC reports, preparation of private placement memoranda and related due diligence procedures
    • Advice in connection with continuing disclosure filings under Securities and Exchange Commission Rule 15c2-12
    • Review and negotiation of hedge agreements, including interest rate swaps and other derivatives
    • Representation of issuers and conduit borrowers in connection with bankruptcies and workouts involving municipal securities
    • Drafting legislation, local ordinances and regulations
    • Training and education for your in-house legal or finance team

    Maintaining Our Edge

    Our attorneys pride themselves on being team players, sitting comfortably across the table from regional and national firms alike. Our public finance team is experienced in tax matters related to Section 103 of the Internal Revenue Code of 1986, as amended, and the related Treasury regulations and rulings, and we include our federal tax experts in every public finance matter we handle.

    We're serious about doing excellent work and aren't satisfied with mere competence--that's where we start.

    Our team makes it a point to stay educated and up-to-date on the latest regulations and industry changes. Every member of our team is a member of the National Association of Bond Lawyers. We are proud to have team members whose credentials include an MBA and an LL.M., on top of their traditional legal training.

    We have been listed in the Red Book since the group's inception and our team members have been recognized as "Lawyer of the Year" by Best Lawyers in their respective communities in Public Finance Law and in Project Finance Law, as well as recognized in Chambers USA: America's Leading Lawyers for Business for Corporate/Commercial: Banking & Finance.

    Spilman’s full-service capabilities allow the Public and Project Finance team to coordinate with other practice groups, including the Government Relations, Construction, Health Care, Utilities and Environmental practice groups, among others, to ensure that our public and project finance clients are provided with the highest level of service.

    For more information about our Public & Project Finance services, please contact:

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com



     

    Primary Contact:

    Joshua L. Jarrell
    304.291.7949
    jjarrell@spilmanlaw.com


    Team Roster:

    John F. Allevato Carter R. Brothers F. B. Webster Day David P. Ferretti W. Eric Gadd Lee O. Hill Bryce J. Hunter Joshua L. Jarrell Jason C. Pizatella
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019