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Finance, Banking and Bankruptcy Practice Group

The firm has broad and deep experience in complex finance transactions. In addition to structuring and documenting loan and lease transactions for financial institutions, our commercial and banking lawyers join with others within the firm in interdisciplinary undertakings when workout, foreclosure or insolvency issues arise. We are recognized as qualified Massachusetts bond counsel for municipal and tax-exempt finance matters. Our commercial and banking lawyers are experienced in:

  • general secured and unsecured lending
  • tax-favored and tax-exempt finance
  • loan workout, foreclosure, bankruptcy and insolvency
  • domestic and international letters of credit

Our clients include leading commercial banking and thrift institutions, as well as the real estate investing departments of insurance companies. While we frequently represent such lenders, nearly half of our finance and banking practice involves the representation of borrowers, particularly in the health care finance and industrial corporate borrowing areas. Typical matters include:

  • drafting documentation involving accounts receivable and inventory-based conforming line of credit accommodations
  • drafting documentation of unsecured and secured line of credit and term loan financing
  • advising lenders and developers and drafting documentation on disbursement-based construction loan and permanent mortgage financing
  • representation of lenders and employers with respect to Employee Stock Ownership Plan tax-favored loans
  • structuring loans through finance-lease transactions
  • restructuring lending/borrowing relationships to reduce cash flow requirements and increase collateral
  • acting as bond counsel, borrower’s counsel, issuer’s counsel, or underwriter’s counsel in tax-exempt bond financing
  • conducting mortgage and other secured party foreclosures
  • advising lenders on bankruptcy issues regarding “highly leveraged transactions,” loans guaranteed by corporate affiliates, setoffs and preferential transfers
  • advising banks and other financial institutions on “lender liability” issues including those relating to environmental liability, termination of credit accommodations, and “control of borrower” issues
  • advising banks and other creditors of their rights and liabilities in bankruptcy and insolvency matters

The Finance, Banking and Bankruptcy Practice Group Coordinator is Mark D. Cress.