Banking Law

Winston and Winston P.C. has been directly representing our clients in the area of banking and financing law for over 20 years. Our practice has expanded through recommendations within the same entity.

Our firm is well versed in the Uniform Commercial Code as well as all relevant federal statues that regulate commercial and consumer matters. Whether the issues involve Documents of Title, Commercial Paper, Security interests, Uniform Custom Practices Act, or Automated Clearinghouse Rules – Reg. E, we will be able to advise you on how to proceed.  Few firms share this broad range of expertise.

Winston and Winston P.C. supports the following services:

Litigation Services

Commercial Lines of Credit and SBA loans Prime rate loans and Installment Agreements  Promissory Notes and Commercial Credit Cards
Enforcement of lease agreements for vehicles and equipment including Replevins and Ex Parte orders to seize your collateral  Recovery of Automobile, Boat, and Equipment Deficiencies Commercial Loan Workouts for all types of unsecured and asset based lending
Recovery of Operational Losses (i.e. encoding errors, wire transfers & breach of warranty claims) Unjust enrichment and/or Theft of Services/Benefits Claims Post-Judgment  Enforcement Proceedings – Piercing the Corporate Veil 
Handling of Errors and Omissions for the Legal Holds & Levies Department concerning the attachment of bank accounts Enforcement of Vendor Agreements between Financing Entity and Auto Dealerships for Breach of Fiduciary and Contractual Obligations Collection of overdrafts for checking accounts and balances due on safe deposit boxes
Defense of Class Actions for Violations of Consumer Protection Laws Audits to ensure compliance with state & federal consumer protection laws  (FDCPA, FCRA-FACT, TILA, ECOA) Mortgage Foreclosures and enforcement of Deficiency Judgments
Collection and litigation in the areas of Letters of Credit, Bills of Lading, Documents of Title, Bulk Sales and Assignments for the benefit of creditors as well as holding principal owners liable for corporate debts.
Bankruptcy issues including, but not limited to:

Defense of Preference Claims made by Trustee
Relief of Automatic Stay /Adequate Protection
Reaffirmation Agreements
Objections to Ch 11 Plans
Attend 341 meetings
Adversary Proceedings
Objections to Discharge
Representing creditors on Chapter 11 Creditor’s Committee
Lien stripping issues
Illegal use of Cash Collateral by Trustee
Negotiating Critical Vendor Agreements

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