Banking and Finance

Overview

The firm’s banking and finance practice includes the representation of lenders in both South Carolina and Georgia in both transactional and litigation areas. Our clients include small local banks, to regional banks, to large national lenders.

On the transaction side, our practice includes all aspects of commercial finance from small local loans to large multi-state financing transactions to bond financings. We have experience handling a broad range of financing transactions, including construction loans, acquisition loans, development loans, agricultural loans, revolving lines of credit, asset based financings, and public and private bond financings.

On the litigation side, our practice includes all aspects of troubled loans from non-adversarial loan modifications to contested foreclosures, bankruptcy, and litigation. We have experience foreclosing both real and personal property collateral.

When collateral consists of environmentally sensitive property, our banking and finance group collaborates with our environmental law group to assist lenders in navigating the complexities involved in such cases. Our experience includes a broad range of environmentally sensitive collateral.

Importance of Banking and Finance Industry Law

Lenders can suffer significant and preventable when loans are not appropriately closed and foreclosed. In order to properly understand and manage expectations and risk, lenders should retain careful, competent, and experienced counsel.

Commercial Banking and Finance Achievements

Notable achievements by the firm in the area of loan commercial finance include:

  • Represented a lender in connection with a series of multi-state builder finance lines of credit in the $10,000,000 to $30,000,000 range.
  • Represented a regional lender and created a unique set of documents for multi-state secured revolving credit facilities under which over $250,000,000 of loans have been closed.
  • Represented a lender in a contested case involving a builder line of credit in the amount of $10,000,000. The representation included foreclosure of collateral in both South Carolina and Georgia.
  • Represented a regional lender in a complex and contested $3,000,000 case involving real estate foreclosure, deficiency judgments, and collections. The representation included assertion of fraudulent conveyance claims and multi-state foreclosure and collection efforts.
  • Represented a large regional lender in a contested $2,000,000 case involving real estate foreclosure and deficiency judgments. The representation included the resolution of priority issues among many competing claimants.
  • Represented lenders in a foreclosure and collection case involving large commercial loans secured by a manufacturing site contaminated with nuclear material.  The representation included navigating the complexities of an EPA Super Fund site.
  • Represented a regional lender in a multi-million dollar contested loan workout and foreclosure case involving complex intercreditor issues, gas station collateral, litigation, bankruptcy, and loan sale transactions spanning over ten years.