Legal Financial Services: Securities and Financial Service Attorneys

Servicesexpect

Banking & Finance Law

Bankruptcy & Creditors' Rights

Commercial Lending

Community Banking

Consumer Finance

Public & Project Finance

expectEXPERIENCE

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.

Spilman 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

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
Payment systems
Depository accounts
Student loans
Dealer paper
Title insurance services
Governmental relations
Civil and criminal litigation

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

Elizabeth A. Benedetto
304.340.3861
ebenedetto@spilmanlaw.com

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

Bruce M. Jacobs
304.340.3863
bjacobs@spilmanlaw.com

Primary Contacts:

Elizabeth A. Benedetto
304.340.3861
ebenedetto@spilmanlaw.com

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 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 Joyce Fleming Ofsa Peter M. Pearl Ronald W. Schuler 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

COVID-19 Update: New Critical Guidance on PPP Loan Forgiveness

5/14/2020

More Guidance about PPP Loans

5/6/2020

Federal Student Loan Payments Suspended

4/20/2020

Ginnie Mae and COVID-19

4/20/2020

Reverse Mortgage Industry Feels the Effects of the COVID-19 Pandemic

4/20/2020

Watch List - Proposed Federal Prohibition Against Debt Collection In Times of Disaster/Emergency

4/20/2020

Watch List - Proposed Rent and Mortgage Cancellation Act of 2020 Suspends Payments During Pandemic b

4/20/2020

Application for the Paycheck Protection Program Loan Under the CARES Act

4/1/2020

Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"): Summary of Small Business Loan Pro

3/27/2020

Loans in the Time of COVID-19

3/23/2020

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 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 Lori D. Thompson Bankruptcy Court Decision Affirmed for Creditor Client

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

Introduction to Bankruptcy Litigation

4/29/2020

Bankruptcy and Creditors' Rights Issues in Light of COVID-19

3/30/2020

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.

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:

Elizabeth A. Benedetto Mark D. Clark Lindsay J. Cook, CPA F. B. Webster Day Bryce J. Hunter Jeffrey W. McCamic Ronald M. Musser Hugh B. Wellons

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

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 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:

Bryce J. Hunter 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

Primary Contact:

Bruce M. Jacobs
304.340.3863
bjacobs@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 Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Nicholas S. Preservati Gerald M. Titus III 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: Issue 1, 2020

5/4/2020

ACA International v. Healey - Will Massachusetts' Debt Collection Freeze Hold Up To Constitutional H

5/3/2020

COVID-19 WATCH LIST – Senators Warren and Brown Propose Pausing All Debt Payments

5/3/2020

Freddie Mac and COVID-19

5/3/2020

How Consumers are Using the West Virginia Collection Agency Act to File Class Actions

1/7/2020

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

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 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:

John F. Allevato Elizabeth A. Benedetto P. Corey Bonasso Carter R. Brothers Lindsay J. Cook, CPA F. B. Webster Day David P. Ferretti 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

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