McDowell, Rice’s financial representation encompasses a wide range of litigation and business practices. The firm represents traditional financial institutions, including national banks, state banks, and credit unions; manufacturers, wholesalers, suppliers, and providers of services that finance the sale of goods and services; and individuals or organizations that engage in extending investment capital, including the financing of real estate, commercial finance, and debtor-in-possession financing.
 

Each lender faces unique opportunities and risks.  In all extensions of credit, the lender anticipates that credit will be extended only upon the terms the lender and borrower have negotiated, and the lender expects the timely repayment of the credit extended.  When the borrower and lender disagree on an obligation to extend credit or when the credit extended is not timely repaid, lenders often face demands and charges involving liability to the lender.
 

These claims encompass, among other things:

The financial group also has an active floor plan litigation practice which generally encompasses representation of:

The financial group is knowledgeable in all phases of commercial, real estate, and debtor-in-possession lending and loan enforcement.  We aim to help our clients avoid (a) documentary traps, (b) making improper or inadequate representations or disclosures to borrowers, (c) engaging in non-arms’ length transactions, and (d) bringing inappropriate or ineffective loan enforcement and collection actions.  The firm's commercial litigators and bankruptcy counsel have years of experience in and the best methods of defending lender liability.  They use vigilance and care in structuring the transaction and enforcing the loan documents, and they vigorously defend against claims that surface.