Creditors' Rights & Bankruptcy

Financial Institutions

With ten 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

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 Michael B. Schwegler (Mike) November 02, 2020
Client Alerts

The Tennessee COVID-19 Recovery Act

On August 12, 2020, the Tennessee General Assembly passed the COVID-19 Recovery Act (the “Act”), which was enacted into law by Governor Bill Lee’s signature on August 17, 2020.

by Michael B. Schwegler (Mike) August 18, 2020
Client Alerts

GSEs Announce New Fee for Consumer Residential Loan Refinances: Lenders Brace for Added Costs and Potential Compliance Concerns

On August 12, 2020, the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) delivered a harsh blow to lenders and consumers in the residential mortgage market when they announced they would impose a .5% fee (i.e., a 1/2 “point” in mortgage finance parlance) on refinance mortgages purchased by Fannie Mae and Freddie Mac after September 1, 2020.

by Brian M. Bennett and Michael B. Schwegler (Mike) August 18, 2020
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PPP Loan Application Extension Signed Into Law As Congress and White House Debate Repurposing of Funds

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by Brian A. Cromer July 06, 2020
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Recently, the Federal Reserve initiated a new commercial lending facility that has been promised for months, the Main Street Lending Program (“MSLP”), consisting of three new loan facilities: the New Loan Facility, Expanded Loan Facility and Priority Loan Facility.

by Michael B. Schwegler (Mike) and J. David Wicker June 29, 2020
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Contracts Being Tested by COVID-19

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by Richard A. Vance and Alison M. Zeitlin March 18, 2020
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