Servicesexpect
  • Banking & Finance Law
  • Bankruptcy & Creditors' Rights
  • Bond Counsel
  • Commercial Lending
  • Community Banking
  • Consumer Finance
  • Public Finance
  • expectEXPERIENCE
    • Banking & Finance Law
    • Bankruptcy & Creditors' Rights
    • Bond Counsel
    • Commercial Lending
    • Community Banking
    • Consumer Finance
    • Public Finance
    • 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

    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

    Amy King Condaras
    304.340.3781
    acondaras@spilmanlaw.com
    Rayford K. (Trip) Adams III Elizabeth A. Benedetto Carter R. Brothers Maya E. Brown Carl H. Cather III Carrie J. Cecil Mark D. Clark Amy King Condaras David R. Croft K. Paul Davis F. B. Webster Day Travis H. Eckley Patrick R. Esposito II David P. Ferretti Brian C. Helmick M. Rebecca Hendrix 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 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
    6/9/2017
     
    6/8/2017
     
    4/7/2017
     
    3/1/2017
     
    2/28/2017
     
    2/23/2017
     
    2/20/2017
     
    1/26/2017
     
    1/20/2017
     
    1/18/2017
    • 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 employmentenvironmentalintellectual 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 
    Rayford K. (Trip) Adams III Debra Lee Allen Mark D. Clark Sally E. Edison W. Eric Gadd Matthew P. Heiskell M. Rebecca Hendrix William M. Herlihy Bryce J. Hunter Bruce M. Jacobs Travis A. Knobbe Peter M. Pearl Bryan G. Scott
    10/9/2017
     
    1/5/2017
     
    6/21/2016
     
    2/3/2016
     
    8/26/2015
     
    1/9/2015
     
    10/7/2014
     
    9/16/2014
     
    6/6/2014
     
    5/29/2014
    • Overview
    • Professionals

    Do you need bond counsel? We have experience in the roles of bond counsel, underwriter’s counsel and issuer’s counsel, and we have been involved in financings for a wide variety of public and private projects, including drinking water facilities, sewer and wastewater facilities, and solid waste facilities.

    Our experience includes issuance of revenue bonds for municipalities and public service districts, as well as revenue bonds for other governmental entities. Our attorneys can address the spectrum of legal issues that arise in bond transactions, including “private use” limitations and constitutional issues.

    Based upon a team approach used by all of the practice groups in our firm, the Bond Counsel Group works closely with firm attorneys who focus their practices in other areas of law.

    For example, we collaborate frequently with our lawyers who practice public utility law, real estate law, environmental law, economic development and federal taxation. The firm’s experience in these other areas allows us to assist clients in meeting project objectives and evaluating alternative financing structures.

    Spilman has a strong public utility practice representing municipalities and public service districts. We have extensive experience in public service commissions’ case processing methods. We also have knowledge and experience with the state and federal funding agencies involved in infrastructure projects. Our experience in all of these areas allows us to respond quickly and effectively to develop creative solutions for public bond issues.

    For more information about our bond counsel practice, contact:


    Amy King Condaras
    304.340.3781
    acondaras@spilmanlaw.com
    John F. Allevato Elizabeth A. Benedetto Carter R. Brothers Carrie J. Cecil Amy King Condaras F. B. Webster Day David P. Ferretti Brian C. Helmick Lee O. Hill Ronald M. Musser
    • 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

    Amy King Condaras
    304.340.3781
    acondaras@spilmanlaw.com

    Elizabeth A. Benedetto Mark D. Clark Amy King Condaras F. B. Webster Day Ronald M. Musser
    2/26/2016
     
    10/14/2015
     
    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

    Amy King Condaras
    304.340.3781
    acondaras@spilmanlaw.com
    Amy King Condaras Hugh B. Wellons
    3/3/2016
     
    3/3/2016
     
    3/1/2016
     
    3/1/2016
     
    3/1/2016
     
    12/30/2015
     
    12/30/2015
     
    12/30/2015
     
    12/30/2015
     
    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
     
    Rayford K. (Trip) Adams III Debra Lee Allen Angela L. Beblo Elizabeth A. Benedetto Lara R. Brandfass Mark D. Clark Mikail O. Clark Theo A. Collins Amy King Condaras James S. Crockett Jr. Stephanie U. Eaton Joseph A. (Jay) Ford M. Rebecca Hendrix Bruce M. Jacobs Neva G. Lusk Alexander Macia Nicholas P. Mooney II Don C. A. Parker Jeffrey D. Patton Niall A. Paul Sharon L. (Shari) Potter Tai C. Shadrick James A. Walls Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
    10/9/2017
     
    7/7/2017
     
    5/9/2017
     
    5/8/2017
     
    4/26/2017
     
    4/24/2017
     
    4/7/2017
     
    2/28/2017
     
    2/20/2017
     
    1/26/2017
    • Overview
    • Professionals
    • Results
    • Resources

    The public finance practice at Spilman reflects extensive experience in all types of taxable and tax-exempt governmental financing of public and private facilities.

    We have experience in the roles of bond counsel, underwriter’s counsel, issuer’s counsel, user’s counsel, trustee’s counsel, letter of credit issuer’s counsel, insurer’s counsel and related roles. We have been involved in financings for a wide variety of public and private projects, including:
     
    • Health care facilities
    • Solid waste facilities
    • Airports
    • Educational facilities
    • Recreational facilities
    • Parking facilities
    • Manufacturing facilities
    • Sewer and waste water facilities
    • Drinking water facilities
    • Electrical generating facilities

    Spilman’s experience includes general obligation and revenue bonds at the state level, as well as municipalities and public service districts. Our attorneys can address the spectrum of legal issues that arise in public finance transactions, including “private use” limitations and constitutional issues. We also are experienced in handling tax-exempt financings for private corporations, and we understand the constitutional and statutory restrictions associated with those financings.

    True to the team approach used by all of the practice groups in our firm, the Public Finance Group works closely with firm attorneys who focus their practices in other areas of law. For example, we collaborate frequently with our lawyers who focus on economic development, real estate law, environmental law, public utility law, hospital law, securities law and other disciplines as required. Our knowledge in these other areas allows us to assist clients in meeting project objectives and evaluating alternative structures.

    Our experience allows us to respond quickly and effectively to develop creative solutions in taxable and tax-exempt public finance.

    For more information about our public finance practice, contact:


    Amy King Condaras
    304.340.3871
    acondaras@spilmanlaw.com
    John F. Allevato Elizabeth A. Benedetto P. Corey Bonasso Carter R. Brothers Carrie J. Cecil Amy King Condaras F. B. Webster Day David P. Ferretti Brian C. Helmick Lee O. Hill Ronald M. Musser Jason C. Pizatella Spilman Closes Public Finance Transaction Saving Health Care Provider $48M
    7/12/2017
     
    11/1/2016
     
    8/16/2016
     
    12/8/2015
     
    10/27/2015
     
    10/14/2015
     
    8/26/2015
     
    3/19/2015
     
    1/21/2015
     
    11/3/2014