Responsive, creative, effective

Defending financial institutions against customer and third-party lawsuits. Our attorneys have extensive experience defending claims against entities in the financial services industry and responding to subpoenas. We have advised on suits claiming:

• Fraud
• Rescission
• Negligent misrepresentation
• Breach of fiduciary duty
• Breach of contract
• Other claims individuals may raise against banks

We also defend individual officers and directors who are often named as additional defendants in lawsuits against lenders.

Prosecution and defense of fraudulent transfer claims. A fraudulent transfer occurs when a debtor makes a transfer of assets designed to hinder, delay or defraud a creditor. We have represented lenders pursuing obligors who have made such transfers, and defended borrowers against such claims. Our lawyers are well-versed in pursuing and defending actions to set aside fraudulent transfers under the Illinois Uniform Fraudulent Transfer Act as well as the fraudulent transfer laws of other states and in bankruptcy court.

Advising on the full range of options available to lenders and then acting. Our financial services lawyers help lenders understand their options with troubled loans and pursue solutions which best align with their business objectives. Acting with the creativity that deep knowledge allows, members of our Bankruptcy and Creditors’ Rights Team guide clients to the best path forward, preserving credit and business relationships when possible through restructuring, and acting forcefully and expeditiously through litigated solutions when necessary. We advise on a full range of alternatives to protect creditors’ rights, including:

• Enforcement actions
• Forbearance agreements
• Debt restructuring
• Deeds in lieu of foreclosure
• Consent foreclosure
• Assignments for the benefit of a creditor
• Bankruptcy proceedings, including cash collateral, stay relief and avoidance claims.

Secured finance counsel for middle market financial institutions.Our Financial Services lawyers advise lenders serving companies in a range of industries as well as addressing a full range of more specialized needs, including:

• Aviation/aircraft loans
• Healthcare industry transactions
• Commercial real estate (including owner-occupied, multi-family and industrial properties)
• Leasehold financing
• Construction loans
• Loans to not-for-profit entities
• Intercreditor agreements
• Subordination agreements
• Letters of credit
• Participation agreements
• Specialized pledges and assignments

Counseling lenders on SBA loan originations, servicing and enforcement. In addition to advising lenders on the regulations governing SBA loan originations, we assist them in properly preparing and documenting servicing actions arising after a loan is made. Our Financial Services attorneys have extensive experience in the litigation and liquidation of SBA loans and collateral, complying with the unique rules and regulations required by the SBA to ensure payment under the terms of the SBA Guaranty. With a national reputation for effectiveness, Chuhak & Tecson is the law firm of choice to litigate and manage SBA loan workouts for a large number of lenders in many areas of the country.

Ensuring that lenders’ practices are compliant, legally sound and protect their financial interests. Chuhak & Tecson’s Financial Services Group brings deep understanding of the UCC and the issues raised by this statutory framework to the advice we provide to lenders. We advise on:

• Drafting security agreements
• Terms of perfection (including where the rules require perfection by possession or by filing)
• Priority of liens
• Default remedies
• Filing procedures
• UCC Article 9 sales
• Preparing financing statements (relevant to the search results for priority issues)

Our attorneys often find themselves acting as mentors and guides to clients regarding this seemingly simple but constantly evolving body of law.