Legal issues in collection cases often include enforcement of security claims, UCC-1 priority, alter ego, penalty clauses, usury and/or guarantees. On occasion, there are multiple claimants each facing different defenses and/or counterclaims. Some of these involve federal and state consumer statutes, for example those applicable to credit cards, home and equity loans, etc. In addition, many cases arising in other subject matter areas also involve issues about ability to pay, bankruptcy, payment plans, security for settlement payments, and similar concerns. I have assisted the parties to review possible resolutions and consequences and to work out an agreement that meets the interests of both sides.
I have handled disputes where lenders and borrowers dispute mutual obligations, where changed circumstances create difficulty in payment, where claims are made concerning lender liability for promises, threats or joint activities, and where foreclosure and/or bankruptcy are pending. I have also helped resolve other kinds of claims against banks, including the release of confidential financial information, credit reporting, cashing forged checks or otherwise mishandling embezzled funds, improper transactions on behalf of one partner or family member to the detriment of another, forgery of signatures on loan documents, undue influence, promissory estoppel, and mistaken identity.
