The attorneys in the Litigation Group have extensive experience litigating issues growing out of the lender-borrower relationship.  In recent years, we have handled on behalf of lenders a significant number of cases involving alleged breaches of loan commitments, asserted both as defenses to actions brought by the lender and as claims asserted against the lender.  We have also litigated numerous cases involving other types of lender liability claims, including business torts, bad faith dealing, violations of the anti-tying amendments to the Bank Holding Company Act and assertions that the lender is a potentially responsible person under the Comprehensive Environmental Response Compensation and Liability Act.  We represent lenders in various intercreditor disputes, including issues relating to the perfection and priority of security interests and the interpretation of lien or payment subordination agreements, and in disputes with the lead lender in major syndications, and have represented the lead lender in disputes with its participants.

We have represented lenders and insurers in the defense of consumer class actions filed in state and federal courts throughout the Southeast.  These cases typically have been premised on fraud, fraudulent suppression, RICO, breach of contract and statutory violation theories. Challenged practices have included "force-placed" collateral insurance, credit life insurance coverage, non-filing insurance, insurance subrogation, consumer insurance commissions and usury.

Our attorneys handle all forms of bankruptcy litigation, from preference and fraudulent conveyance claims, and assertions that lenders should have their claims equitably subordinated to automatic stay litigation, including issues of adequate protection and the likelihood of successful reorganization. We also have substantial experience representing lenders in connection with attempts to confirm "cram down" plans in Chapter 11 cases.