Financial Services

Dilworth Paxson’s lawyers provide advice to financial institutions on a broad range of transactional, regulatory, corporate and litigation matters. Our clients include banks, commercial finance companies, securities broker-dealers, investment advisors, venture capital companies, leasing companies, mortgage lenders, savings associations and credit unions.

Dilworth Paxson represents its financial institution clients in a wide variety of areas, including the following:

Loan Documentation and Workout

We frequently assist financial institutions of all sizes with documenting commercial loans and amending existing credit facilities. Our lawyers work closely with banks and other secured creditors in workouts of delinquent commercial and real estate credits, and advise on forbearance negotiations as well as on collection and litigation strategy. Dilworth attorneys are well-versed in protecting our clients’ interests through liquidating assets according to U.C.C. Article 9 and by initiating real estate foreclosure actions.

Real Estate

Dilworth attorneys provide financial institutions with a variety of services in all aspects of real estate based lending transactions. We routinely perform due diligence on real estate and review title documents to assist the lender in verifying the property’s value as loan collateral. From preparing and negotiating loan documents to assisting with workouts and forbearance agreements, our real estate lawyers counsel financial institutions at all stages of a transaction. Additionally, Dilworth attorneys have extensive experience in obtaining state, county and municipal approvals to construct branch banking facilities and/or additions to those facilities including obtaining approvals for signage and drive-thru teller and/or ATM facilities.

Bankruptcy and Restructuring

We regularly represent financial institutions in cases under Chapter 11, Chapter 7, and Chapter 13, as well as in various adversary proceedings and contested proceedings in the bankruptcy courts located in Pennsylvania, New Jersey, and Delaware, as well as other bankruptcy courts throughout the country. The Chapter 11 practice extends from first day motions, including motions for use of cash collateral through plan confirmation, as well as various other proceedings throughout the Chapter 11 process including debtor in possession financing. We prosecute and defend all types of adversary proceedings including nondischargeability actions and avoidance actions. Our attorneys are well-known and respected in the courts in which they appear.

Asset-based Leasing

In the area of asset-based leasing, our Litigation department has represented companies in both defensive litigation and in successfully prosecuting matters involving individual customers, as well as those involving both customers and program partners. Dilworth’s litigators have assisted companies enforce contracts on both a customer-by-customer and program-wide basis in state, federal and bankruptcy courts. These representations range from portfolios with individual defaults to those involving systematic failures. Our litigators are well-versed in the protections afforded by U.C.C. Article 2A and have successfully enforced hell-or-high water contractual provisions and contractual choice of venue and jurisdiction clauses, allowing our clients to focus litigation in a pre-determined, convenient forum. Dilworth has successfully defended a client against fraud, breach of contract and other claims brought by a disgruntled syndication partner and obtained dismissal of counterclaims involving fraud and rescission in multiple cases.

Labor and Employment

Our labor and employment lawyers have provided anti-harassment and general HR compliance training to senior executives, managers, directors and staff of various financial institutions. Dilworth attorneys have also counseled financial institutions on compliance with wage and hour laws for unique employee classifications such as mortgage loan officers. Our lawyers have successfully defended financial institutions against employee discrimination claims before the EEOC and similar administrative agencies as well as in unfair labor practice proceedings before the National Labor Relations Board.

Additional Experience

Dilworth Paxson lawyers have additional experience in the following matters:

  • healthcare receivable financings
  • loans to governmental bodies
  • factoring transactions
  • banking law issues and regulatory compliance
  • federal and state securities law compliance and reporting
  • convertible debt and other venture capital transactions
  • formation of hedge funds, private equity funds, commodity pools and structured financial products
  • private placements and other capital raising transactions
  • public and private offerings
  • representation of banks in syndicated loan facilities
  • equipment leasing transactional documentation
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