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Financial Services

Cohen Seglias’ Financial Services Group focuses on cost-effective, results-oriented representation of diverse clients including banks, financial institutions, debt buyers, and debt collection companies. The Group offers a full range of legal services in a wide array of matters such as commercial loan transactions, loan workouts, bankruptcy, asset recovery, foreclosures, receiverships, defense litigation, and labor and employment related issues. Our attorneys are experienced in a vast spectrum of insolvency related litigation in state and federal courts throughout the Eastern and Midwestern United States.

Consumer and Lender Liability Litigation

Cohen Seglias represents banks, mortgage lenders, debt collection companies and debt buyers in all manner of litigation and litigation related matters, including general defense litigation, lender liability, bad faith, fraudulent conveyances, UCC claims and bankruptcy adversary proceedings involving fraudulent conveyances, preferences, breach of fiduciary duty and non-discharge actions.

The Financial Services Group routinely defends clients in consumer protection claims. We have an excellent team of attorneys with extensive experience in defending individual and class action claims alleging a wide variety of consumer protection laws including the Fair Debt Collection Practices Act (“FDCPA”), the Fair Credit Reporting Act (“FCRA”), the Telephone Consumer Protection Act (“TCPA”), the Truth-in-Lending Act (“TILA”), as well as claims alleging deceptive trade practices and invasion of privacy. Our attorneys also assist and guide the Firm’s clients in navigating the ever-changing regulatory landscape in order to ensure compliance with relevant laws and regulations and to protect our clients from prospective litigation.  

Creditors’ Rights

The Firm has significant experience in representing our financial services and creditor clients in bankruptcy, reorganizations, receiverships, restructurings, workout and forbearance agreements, commercial foreclosures and insolvency and bankruptcy related litigation. We represent our creditor clients in all aspects of bankruptcy cases, including cash collateral, adequate protection, relief from stay, preference actions, 363 sales, DIP financing and plan confirmation. We have extensive experience in enforcing our creditor clients’ state court rights and remedies, including confessing judgment, liquidating equipment and inventory, garnishing bank accounts, foreclosing on real estate, appointing and working with receivers, and assisting our clients in the sale and assignment of loans. 

Commercial Finance and Lending

Cohen Seglias represents banking and non-banking entities providing general advice and assistance with respect to compliance matters, corporate upkeep and the review and development of standardized loan documentation. We assist our clients in all aspects of commercial finance transactions, including: acquisition financing; asset-based lending; commercial real estate lending; construction financing; factoring; finance leasing; and floor plan facilities. We offer lenders and borrowers practical, responsive and results-driven services in the negotiation, documentation and closing of commercial transactions. Cohen Seglias is also able to provide Delaware, New York and other jurisdiction legal opinions that may be required in connection with commercial lending including legal existence and enforceability, authority to file bankruptcy, and non-consolidation opinions.