Every commercial loan is a unique proposition, with potential pitfalls even when the borrower is on sound footing and the transaction is seemingly secured. The experienced lawyers of McBrayer provide complete legal support for commercial lending, from due diligence and loan documents to defaults and disputes.
With offices in Lexington and Louisville, and a government relations office in Frankfort, we counsel and represent commercial lenders throughout Kentucky and neighboring states, including community banks and credit unions, regional and national lending institutions, and private equity firms.
Business Loan Attorneys Representing Lending Institutions
Our banking and finance law practice provides comprehensive services relating to underwriting secured and unsecured commercial loans:
- Due diligence
- Loan documentation and terms of credit facilities
- Preparation of security instruments or guarantee agreements
- Title opinions and title insurance policies
- Uniform Commercial Code (UCC) compliance
- Commercial loan disputes and litigation
We enable local banks, mezzanine lenders and other financial institutions to take on sophisticated or unorthodox commercial loans while protecting their interests. We also provide legal support to larger lenders to complement their in-house counsel in specialty areas of commercial lending transactions, commercial loan litigation or banking law compliance.
Experienced Advocacy In Commercial Loan Litigation
Our lawyers have extensive experience in dispute resolution and litigation in asset-based lending:
- Perfecting liens, pursuing judgments and initiating foreclosure
- Representing lenders in counterclaims designed to forestall foreclosure proceedings
- Defending clients against tax liens and other claims against the security interest brought by the borrower's employees, vendors, contractors, landlord or other third parties
- Commercial loan workouts or offloading distressed loans or portfolios
- Representation for creditor committees or bankruptcy adversary proceedings
Depending on the type of credit facility, litigation may be confined to the county where the loan originated or it may be multi-jurisdictional or even international. We can confidently represent clients in mediation, arbitration and litigation in all state court, federal court and administrative law venues.
Contact Our Kentucky Commercial Lending Lawyers
Founded in 1963, McBrayer is a trusted and respected firm with offices in Lexington and Louisville Kentucky. Our banking law attorneys provide the focused industry knowledge, attention to detail and strong litigation skills to protect lenders on the front end of transactions and defend their interests in legal conflicts.
News & Insights
- 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
- SEC Crowdfunding Rules - Another Vehicle for Capital? November 7, 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
- Small Business Law Every Business Owner Needs to Know April 26, 2017
- How a Restrictive Covenant Can Be Anything But June 20, 2017
- W. Brent Rice - Attorney Biography
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Who We Serve
At McBrayer, our commercial lending clients range from community-based commercial banks, such as Community Trust Bank, to US Bank, the 5th largest commercial bank in the United States. Our attorneys work hard in negotiating, structuring and creating documentation for both complex and relatively simple transactions. Because of our experience, we can anticipate many of the potential complications involved in these transactions and develop advanced strategies to protect our clients' interests.