Creditors' Rights & Bankruptcy

Financial Institutions

With eleven offices in five Southeastern states, Stites & Harbison maintains broad experience in financial institutions law. We provide a comprehensive range of regulatory, transactional, and litigation services to our financial institution clients, among them banks, thrifts, securities firms, insurance companies, and other financial services companies.

Our services include regulatory advice, mergers and acquisitions, capital markets, lending, bond financing, leasing, loan syndications, commercial finance, secured transactions, creditors’ rights, bankruptcy, and litigation.

Regulatory and Transactional Matters

We regularly advise and represent financial institutions in a broad range of regulatory matters, including representation of financial firms and their officers and directors before federal and state regulatory authorities, consulting with management and boards of directors on the implementation of new regulations, assistance with compliance issues, and corporate governance matters. Our attorneys guide clients in their relationships with customers as well as in their activities as lenders, underwriters, investment and merchant bankers, broker/dealers, placement agents, and advisors in complex public and private financial transactions.

Our experienced transactional and financial institutions attorneys provide advice and assistance to clients on a broad range of subjects, including the chartering of new banking organizations, the expansion of regulated banking and non-banking activities, branch acquisitions and divestitures, mergers and acquisitions, ownership succession, business planning, capital raising transactions, compliance with state agency regulations as well as with OCC, FDIC and Federal Reserve regulatory matters, responding to inquires and directives from such states and federal agencies, as well as from the IRS, Department of Justice and FBI, and securities law compliance.

Lending

We counsel large and small lenders in structuring, negotiating, documenting and recovering a wide variety of commercial, real estate and consumer loans and other credit transactions. We also represent borrowers and other parties involved with these transactions.

Our practice includes syndicated and participated multi-lender structures, factoring, leasing, bond financings and asset transfer transactions, such as securitizations. We are also experienced in a variety of strategies used in both the initial structuring and recovery of debt capital transactions.

Our commercial lending attorneys assist with unsecured lending and lending secured by a wide range of collateral types, while our real estate lending practice experience includes acquisition, construction, development, permanent and refinancing loans for all types of commercial properties. For consumer loans, we assist clients with drafting and enforcing loan documents used in consumer transactions.

Experience:

  • Counsel large and small lenders, including banks, insurance companies, commercial finance companies, investment funds and private capital sources.
  • Assist with mezzanine lending, equity participations and other hybrid/debt equity strategies.
  • Assist with commercial lending secured by a wide range of collateral types, including accounts receivable, health care accounts receivable, inventory, equipment, software, entertainment assets, copyrights, patents, trademarks, private and public equity interests, and aircraft.
  • Provide counsel for real estate lending, including acquisition, construction, development, permanent and refinancing loans for all types of commercial properties.

Litigation

Stites & Harbison’s financial institutions litigation group includes lawyers across the firm’s diverse practice groups and geographic locations. Lawyers with experience in banking litigation defense, business and real estate litigation, bankruptcy, title insurance defense, capital markets issues, white collar crime, securities and financial services litigation, professional liability defense, local and national regulatory compliance, lender liability, commercial banking litigation, and a variety of other practice areas are ready to serve the unique needs of our financial institution clients. We represent financial institutions of all sizes — from international mortgage lenders and servicers to small town state banks — in connection with a full spectrum of litigation and adversarial matters encountered in the modern financial environment.

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Client Alerts

Secured Lenders Fail to Manage the Risk of “Springing Liens” at Their Peril

“Springing liens” are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing Liens can attach to real estate, for example, when the following obligations are not paid: taxes, condominium association dues, or claims for construction labor or materials.

by Elizabeth Lee Thompson July 29, 2021
Press Releases

Elizabeth Lee Thompson Appointed to NKU Board of Regents

LEXINGTON, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Elizabeth Lee Thompson as a member of the Northern Kentucky University (NKU) Board of Regents.

by Stites & Harbison, PLLC July 13, 2021
Articles

C-PACE FINANCING: An Uncommon Solution to Project Financing

Commercial Property Assessed Clean Energy (“C-PACE”) is an overlooked and underutilized solution to funding energy efficient capital improvements which commercial developers and building owners should consider when putting together their project’s capital stack. Attorneys Jim Seiffert and Jack Seiffert, along with Nick Maglasang, Vice President-Business Development at Twain Financial Partners, take a look at C-PACE)

by James C. Seiffert, Jameson (Jack) M. Seiffert, and Nick Maglasang Vice President-Business Development, and Twain Financial Partners March 16, 2021
Press Releases

Stites & Harbison Welcomes Corey Dunn

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Corey Dunn to the firm’s Louisville, Ky., office.

by Corey Dunn February 08, 2021
Presentations

The Coronavirus and Beyond: Strategies for Creditors During Uncertain Economic Times

In this recorded webinar, Creditors' Rights & Bankruptcy attorneys Elizabeth Lee Thompson, Brian M. Bennett, Chrisandrea L. Turner and John S. Wathen discuss the latest legal issues impacting businesses during these uncertain economic times.

by Elizabeth Lee Thompson, Brian M. Bennett, and Chrisandrea L. Turner November 13, 2020
Client Alerts

Finally: The CFPB Has Returned . . . to the Final Rule Implementing the FDCPA in the 21st Century

On Friday, October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a new, long-awaited final rule to bring the Fair Debt Collection Practices Act (“FDCPA”) regulations into the 21st century. In announcing the change, the CFPB had the same idea as me: distinguishing the differences between pop culture and collection practices in 1977 and 2020.

by Stites & Harbison, PLLC November 02, 2020