Approach
When companies enter into relationships with lenders and other business partners, the terms of those agreements are critical and often complex. The Your Firm Commercial Lending, Banking, Bond, Creditors' Rights and Bankruptcy Practice Group provides guidance that produces mutually beneficial relationships across the entire spectrum of commercial relationships.
Attorneys
We are a multi-disciplinary team with more than 20 attorneys which prides itself on achieving client goals on time and within budget.
Clients
Our clients include companies of all sizes in many industries and the institutions that finance their operations and growth, such as banks, finance companies and insurance companies. We also serve bond issuers and underwriters.
Practice
We represent nationally and locally prominent commercial banks, finance companies, insurance companies and other lenders, as well as borrowers in connection with all aspects of secured and unsecured financing arrangements of all sizes. Those arrangements include:
- Revolving and term loans
- Secured transactions (including asset based lending, chattel paper financing, floor plan financing and aircraft and vessel financing)
- Commercial mortgage loans
- ESOP loans
- Intercreditor agreements and loan syndications and participations
- Seller-financed transactions
- Leveraged buy-outs
- Venture capital financing
- Letters of credit and reimbursement agreements
- Foreign exchange transactions
- Commercial leasing and equipment financing
- Leveraged leases
- Agriculture finance
- Purchase of individual loans and loan portfolios
- Interest rate swaps and other derivative transactions
- Sales of accounts and other off-balance sheet financing
Our focus on strategic issues and our familiarity with various industries allows us to assist our clients in negotiating terms that protect them throughout the lending relationship.
Bank Regulatory Law
Clients also turn to us for assistance in creating and improving their own bank, bank holding company, finance company and lending programs. Services include selecting an appropriate entity, creating comprehensive and effective documentation and loan procedures, anticipating and resolving regulatory issues and bank holding company securities offerings. We have extensive experience working in these areas with the Banking Division of the Wisconsin Department of Financial Institutions, the Federal Reserve Board and the Federal Deposit Insurance Corporation.
Bond Law and Public Finance
We have a recognized practice in the area of bond law and public finance. Since 1993, we have acted as Bond Counsel for over $6 billion of financings for industrial, office and housing developments, health care facilities, business improvement districts, redevelopment authorities, museums and professional athletic stadiums. These offerings include both general obligation and revenue bonds. We also represent underwriters and borrowers in bond placements, as well as financial institutions that provide credit enhancements for bond offerings.
Reorganization, Restructurings and Workouts
In a dynamic world economy, business reorganizations, restructurings and workouts have become more frequent. We provide clients with comprehensive analysis and evaluation of the legal and financial issues that arise when a borrower, strategic partner or supplier becomes financially troubled. In precarious financial circumstances, we understand the need to fashion and implement prompt, efficient, practical, and creative workout strategies.
Creditors' Rights and Bankruptcy
Our creditors' rights experience and practice spans the entire spectrum of remedies available to creditors, including: foreclosures, replevins, lien enforcement, receiverships, non-judicial sales of collateral and bankruptcy.
We are experienced in the diverse areas of litigation that insolvency and bankruptcy proceedings can produce, including: lender liability claims; equitable subordination; preferences and fraudulent conveyances; appointment of receivers; trustee and examiners; discharge of debtors; relief from the automatic stay; enforceability of rights under executory contracts and leases; and claim priorities and objections.
We assist in bankruptcy plan negotiations and proceedings, as well as in assessing and representing our clients' interests in first-day order bankruptcy hearings. Clients interested in purchasing assets out of receiverships and bankruptcy estates also seek our counsel to understand the risks and benefits of such a purchase, and how to structure the transaction and manage the bankruptcy process to gain the best competitive advantage.