Practice Areas

Creditor's Rights

LLFW has long represented some of the world’s largest and most prestigious financial institutions and has acquired extensive experience in all areas of banking and creditors’ rights litigation.  The specific areas in which the firm concentrates include loan workouts; foreclosures; suits on promissory notes; guarantees and letters of credit, including suits on collateral, of varying kinds, provided to creditors to support indebtedness; defense of lender liability actions; defense of forged check and mistaken wire transfer cases; adversary proceedings in bankruptcy; suits concerning the priority of liens among various creditors; and defense of consumer class actions.  Among the numerous banking and creditors’ rights-related matters that LLFW has handled are these:

  • The firm litigated through the United States Court of Appeals for the Second Circuit a claim against a bank customer who was mistakenly overpaid a substantial sum of money that he refused to return based on purported set-off and other defenses against the bank.
  • The firm litigated to the New York Court of Appeals a dispute arising under a bank’s letter of credit, where the documentation submitted to the bank incorrectly overstated the amount due under the promissory note that the letter of credit secured.
  • The firm defended to the New York Court of Appeals a lender liability action arising from the purported breach of a financial institution’s project finance commitments to a borrower.
  • The firm defended a RICO and securities fraud class action arising from a bank’s alleged concealment of knowledge of the principal defendants’ financial condition.
  • The firm has brought numerous fraudulent conveyance actions on behalf of institutional creditors, as well as adversary proceedings in bankruptcy court to determine the non-dischargeability of debts of an individual debtor.
  • The firm has brought multiple suits on investor notes pledged to financial institutions in connection with loans to real estate limited partnerships.
  • The firm defended an institutional lender in a class action arising out of the lender’s handling of consumer mortgage escrow accounts.