Financial Services and Business Litigation

HKM financial services and business litigation attorneys have a long history of representing financial institutions, community banks and businesses involved in litigation and disputes.

Lending Litigation and Dispute Resolution.  In circumstances where litigation proves unavoidable, HKM has a team of skilled trial attorneys available to represent lenders in various disputes. Our litigators have successfully defended financial institutions against allegations of violations of:

• Breach of fiduciary duty
• Deceptive trade practices
• Fraud
• Lender liability
• Negligent misrepresentation
• RESPA violations
• Truth-in-Lending Act
•  Automatic bankruptcy stay and/or discharge order

Creditors’ Remedies.  In addition, we represent our financial institution clients and other creditors in lawsuits to recover monies from borrowers, personal guarantors, and other debtors.  These actions include:

• All remedies available under Article 9 of the Uniform Commercial Code.
• Avoiding fraudulent transfers
• Bankruptcy representation
• Breach of contract
• Deeds in lieu of foreclosure
• Executions and replevin of personal property
• Mortgage foreclosures
• Receiverships
• Successor liability
• Voluntary foreclosure agreements
• Forbearance Agreements
• Loan Workouts

We also have extensive experience assisting clients with obtaining post-judgment relief as assets become available.