Areas Of Concentration
Protecting Lenders In Transactions, Compliance And Litigation
The banking law attorneys of McBrayer provide comprehensive legal services to financial institutions and private lenders. Our practice ranges from transactional due diligence and proactive compliance with federal and state lending laws to representation in adverse regulatory actions, bankruptcy proceedings and commercial and civil litigation.
From our offices in Kentucky and in Washington, D.C., our law firm serves state chartered and national chartered banks, credit unions and savings institutions, mezzanine lenders and private equity lenders, mortgage originators, credit card issuers and niche finance companies.
Our experienced lawyers serve as special counsel or general counsel to lenders and financial institutions, bringing sophisticated capabilities for all facets of lending law:
- Regulatory compliance with federal and state laws
- Commercial lending and litigation
- Private lending
- Real estate and development financing
- Capital raising (equity financing or debt financing)
- Corporate and securities law
- Banking litigation (defense against claims)
- Creditors' rights in bankruptcy
- Loan workouts
Kentucky Banking Litigation Attorneys
The McBrayer firm has experience defending banks and finance companies in a wide range of litigated matters, including regulatory actions, Uniform Commercial Code (UCC) litigation, title insurance claims, lender liability in foreclosure, usury claims, and other lawsuits and counterclaims. We have defended clients against individual or class-action claims under the Reform Act (Dodd-Frank), Truth in Lending Act (TILA), RESPA and other consumer protection legislation.
Creditors' Rights, Bankruptcy And Workouts
When borrowers cannot or will not honor their contractual obligations, savvy legal counsel can help lenders recoup or cut their losses. Our attorneys assist clients in perfecting and enforcing liens, establishing priority in the hierarchy of creditors or working with the borrower directly or as part of a creditors' committee to negotiate repayment.
We represent lenders in bankruptcy proceedings, including Chapter 7 liquidation, Chapter 11 reorganization and adversary proceedings such as fraud, preference payments or relief from stay. Where appropriate, we assist lending institutions in assessing and facilitating loan workouts. Our lawyers can help restructure the loan documents to give the borrower breathing room (or new financing) while reaffirming the lender's claim against collateral or equity.
Kentucky Banking, Lending and Finance Litigation Lawyers
The McBrayer team can match the abilities and convenience of in-house counsel at cost-efficient rates. With law offices in Lexington and Louisville, and a government relations office in Frankfort, we serve financial institutions throughout Kentucky and beyond.
News & Insights
- July 1, 2019
- Attorneys from McBrayer law offices in Lexington and Louisville achieved a 2018 listing in U.S. News Best Lawyers in AmericaAugust 15, 2017
- January 4, 2017
- Partial Dodd-Frank Rollback Should Help Kentucky Community Banks October 29, 2018
- Student Loans and the Rising Acceptance of Bankruptcy Non-Dischargeability: Lenders Beware? August 7, 2018
- SEC Crowdfunding Rules - Another Vehicle for Capital? November 7, 2017
- Kentucky Slashes Statutory Interest Rates July 25, 2017
- The Fiduciary Rule is Here: Lenders, Get Ready! June 9, 2017
- Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest May 3, 2017
- Robert E. Maclin, III - Attorney Biography
- Thomas D. Flanigan - Attorney Biography
- Emily H. Cowles - Attorney Biography
- James H. Frazier, III - Attorney Biography
Who We Serve
McBrayer PLLC offers experienced representation to clients in the banking, lending, and finance industry. Our clients include lenders, mortgage companies, and bank customers in a range of transactions, banking law disputes, and compliance matters.