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Spilman Thomas & Battle, PLLC
Services
People
Resources
Results
About
Careers
Locations
Expect Different
Spilman Way
Virtual General Counsel
Battle Group
Connect
SITE MAP
DISCLAIMER
PRIVACY POLICY
CONTACT US
©
Spilman Thomas & Battle, PLLC
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Services
expect
Banking & Finance Law
Bankruptcy & Creditors' Rights
Commercial Lending
Community Banking
Consumer Finance
Public & Project Finance
expect
EXPERIENCE
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 has a wide range of experience in banking and finance law. We are knowledgeable in banking law matters for financial institutions, including formation and development strategies, mergers and acquisitions, and bank holding company counsel, and we represent clients throughout the nation from offices in West Virginia, Virginia, North Carolina and Pennsylvania.
Our lawyers are experienced in finance law, and have assisted lending institutions and borrowers in the structure and documentation of all types of financial transactions.
Our Banking & Finance Services
Officer and director responsibility and liability
Mortgage loans
Regulatory compliance and liability
Work-out situations
Collateral management issues
Bankruptcy representation
Partnering with economic development entities
Trust Department operations
Trust and estate issues
Contractual issues
Employment and labor issues
Consumer lending and liability issues
Credit card operations
Title insurance services
Governmental relations
Civil and criminal litigation
We have helped financial institutions with their internal needs as well. Our attorneys have negotiated and documented vendor and supplier contracts and other business agreements on behalf of financial clients. The firm’s
Labor and Employment Practice Group
has also provided counsel to banks and other financial institutions on various employment matters.
Spilman has extensive experience in partnering with federal and state economic development agencies to leverage commercial banking transactions. By combining public source funds with lender assets, we have been able to substantially enhance a variety of financial transactions. Our attorneys have represented financial institutions, economic development entities and borrowers in these transactions.
For more information regarding our banking & finance practice, 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:
Rayford K. (Trip) Adams III
Debra Lee Allen
Elizabeth A. Benedetto
P. Corey Bonasso
Carter R. Brothers
Carl H. Cather III
Mark D. Clark
David R. Croft
K. Paul Davis
F. B. Webster Day
Travis H. Eckley
Patrick R. Esposito II
David P. Ferretti
Brian C. Helmick
William M. Herlihy
Lee O. Hill
Bryce J. Hunter
Bruce M. Jacobs
Brienne T. Marco
John J. Nesius
Joyce Fleming Ofsa
Peter M. Pearl
Ronald W. Schuler
Bryan G. Scott
David B. Shapiro
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 Closes $6.5 Million Venture Angel Financing
Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
11/1/2019
Spilman Ranked in Chambers USA 2019
4/25/2019
Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
11/1/2018
Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia
10/17/2018
What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.
8/30/2018
10 Spilman Attorneys Recognized as "Lawyers of the Year" 2019
8/15/2018
Federal Reserve Board Publishes SOFR as a Replacement for LIBOR
5/3/2018
Spilman Ranked in Chambers USA 2018
5/3/2018
House Passes Bill to Reduce Capital Requirements of Financial Institutions
4/3/2018
U.S. Senate Disapproves Consumer Financial Protection Bureau's Rule
10/30/2017
Overview
Professionals
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.
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
P. Corey Bonasso
Mark D. Clark
Sally E. Edison
W. Eric Gadd
Matthew P. Heiskell
William M. Herlihy
Bryce J. Hunter
Bruce M. Jacobs
Travis A. Knobbe
Peter M. Pearl
Bryan G. Scott
Lori D. Thompson
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
10 Spilman Attorneys Recognized as "Lawyers of the Year" 2019
8/15/2018
Recent Developments with Make-Whole Provisions in Chapter 11 Cases
8/1/2018
Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness
12/1/2017
Spilman Further Strengthens Litigation Capabilities
10/9/2017
Spilman Attorneys Named to 2017 NC Legal Elite List
1/5/2017
Spilman Adds Depth to Roanoke Office
6/21/2016
Guidance on Construction Loan TRID Application
2/3/2016
CFPB Monthly Complaint Report Focused on Credit Reporting
8/26/2015
Overview
Professionals
Resources
Our 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.
In addition, Spilman has extensive experience in partnering with federal and state economic development agencies to leverage commercial banking transactions. By combining public source funds with lender assets, we have been able to substantially enhance a variety of financial transactions.
Our diverse group of banking attorneys brings a wide range of experiences and backgrounds, including representation of lenders as outside counsel and as in-house counsel at banks and other lending institutions.
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:
Elizabeth A. Benedetto
Mark D. Clark
F. B. Webster Day
Jeffrey W. McCamic
Ronald M. Musser
Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
11/1/2019
McCamic Joins Spilman's Wheeling Office
9/12/2019
Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
11/1/2018
TRID – Impressions and Updates So Far
2/26/2016
TRID Implementation Transition Continues
10/14/2015
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 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:
Corporate governance
Commercial lending, including asset-based lending
Mergers and acquisitions
Taxation matters
Labor and employment matters
Regulatory interpretation and defense
Securities registration and filing
Bankruptcy, work-outs and collections matters
Consumer finance matters
Workplace investigations
White collar criminal defense and compliance
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:
Hugh B. Wellons
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
An Interview with James C. Cherry, CEO, Park Sterling Bank
10/20/2015
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
Debra Lee Allen
304.291.7951
dallen@spilmanlaw.com
Primary Contacts:
Bruce M. Jacobs
304.340.3863
bjacobs@spilmanlaw.com
Debra Lee Allen
304.291.7951
dallen@spilmanlaw.com
Team Roster:
Debra Lee Allen
Angela L. Beblo
James S. Crockett Jr.
Matthew P. Heiskell
Bryce J. Hunter
Bruce M. Jacobs
Kelly J. Kimble
Tai Shadrick Kluemper
Travis A. Knobbe
Neva G. Lusk
Alexander Macia
Nicholas P. Mooney II
Jeffrey D. Patton
Nicholas S. Preservati
Gerald M. Titus III
Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV
Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
11/1/2019
Consumer Litigation Landscape After the 2015 Amendments to the WV Consumer Credit and Protection Act
10/9/2019
Amendment to West Virginia's Consumer Protection Statute Will Permit Sales of Certain Vehicles "As I
6/26/2019
WV Legislature Amends Consumer Protection Statute to Regulate and Impose Restrictions on Litigation
6/3/2019
Failing to Satisfy a Pre-Suit Notice Requirement in a Consumer Lawsuit May Not be Fatal to the Consu
5/10/2019
West Virginia’s Attorney General Sues the Catholic Church - Alleging Priests Accused of Sexual Abuse
3/27/2019
Pre-Suit Notice Requirements in Consumer Litigation in West Virginia - Make Sure You Know which Requ
2/5/2019
West Virginia Legislature Again Considers Bill to Reduce Penalties Available Under the WVCCPA
2/1/2019
Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
11/1/2018
Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia
10/17/2018
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. But no matter whom we are working with, or how large or complex the deal, we approach every one with the same attention to detail. 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 a CPA, 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.
To discuss your goals with Spilman's Public and Project Finance team, please contact:
Elizabeth A. Benedetto
304.340.3861
ebenedetto@spilmanlaw.com
Primary Contact:
Elizabeth A. Benedetto
304.340.3861
ebenedetto@spilmanlaw.com
Team Roster:
Elizabeth A. Benedetto
P. Corey Bonasso
Carter R. Brothers
F. B. Webster Day
Brian C. Helmick
Lee O. Hill
Jason C. Pizatella
Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
11/1/2019