Contact Us

Banking and Creditor Law

Banking Law – Bankruptcy – Collections – Workouts – Foreclosure – Leasing

In the present environment of extensive protection of debtors, our law firm has chosen to focus on the needs of the financial community. As a member of the Commercial Law League, INSOL, and the American Bankruptcy Institute, Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC supports the financial industry in its efforts to develop and protect creditor rights.

Based in Huntsville, Alabama, our creditor rights and banking law attorneys represent banks and financial institutions both in North Alabama and statewide in asserting their rights through bankruptcy laws, mortgage lending laws, and other legal remedies for the protection of creditors and maximum recovery of debts.

Banking Law

Our lawyers are regularly involved in commercial litigation concerning the issues of UCC law, secured transactions, lien priority, commercial paper, materialman’s liens, and related litigation.

Bankruptcy

Bankruptcy affords debtors and creditors certain rights pursuant to statute. Our bankruptcy lawyers are knowledgeable in all aspects of the U.S. Bankruptcy Code, including recent substantial revisions.

Chapter 7 bankruptcy offers a discharge of debts and liquidation of assets to be divided among creditors. Chapter 13 bankruptcy allows a restructuring of debt and interest rates, shielding the debtor from creditors while the debtor makes (partial) payments through a Trustee. Chapter 11 provides for liquidation or reorganization of a business enterprise.

Creditors are afforded rights under the Bankruptcy Code that must be protected. Central to these rights are such matters as adequate protection, the dischargeability of debts, treatment of executory contracts and the use of property of the estate. The prudent creditor is examining all of these issues in evaluating how best to position themselves in a bankruptcy filing.

Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC provides representation to a large segment of the financial community and invests a significant portion of its practice to creditor advocacy. If you are confronted with a pending bankruptcy matter, are faced with motions undermining your position as a secured creditor, seek relief from stay, or have been named in an adversary proceeding, contact our creditor rights attorneys.

Collections

As a result of our involvement with the financial community, our firm recognizes the essential nature of commercial collections. The income of every business, and thus the welfare of the entity itself, is contingent upon the prompt payment of accounts. When that payment stops, the creditor has enforceable rights against the delinquent account.

This firm protects those rights by a strong but responsible approach to collections. Working within the guidelines of the Fair Debt Collection Practices Act, our lawyers assist creditors in every facet of the recovery process, including letters of demand and acceleration, service of process, trial, recording of judgments, identification of assets and garnishment or execution. Recognizing that the financial health of our clients hinges on our efforts, prompt and ongoing communication is an integral part of our service. With a combined effort, our firm and the client create a formidable team to counter intransigent debtors.

Commercial Workouts

Every secured lender has encountered the situation in which a cordial relationship has turned non-productive due to economic or industry downturns. Our commercial law team recognizes the necessity of salvaging these non-performing assets either by a workout solution or by liquidation of collateral. Early intervention in the matter often facilitates a successful resolution, and we are skilled at negotiating mutually agreeable terms of a commercial workout.

Foreclosure

The purpose of obtaining security on a debt is to allow the lender to reduce its risk of loss. The benefit of this security is passed on to the public in the form of lower interest rates. To make this work for all, the occasional mortgage default must be collected. This is done by foreclosure. Foreclosure in the state of Alabama may be done judicially or under a “power of sale.” The power of sale is found in the mortgage, and is supported by statute.

Our firm assists institutional lenders and mortgage loan servicers throughout the state of Alabama in the foreclosure process for residential and commercial properties.

Leasing Law

The advantage of equipment leasing is evident in the market, where 80 percent of all U.S. companies now lease some of their equipment. Our attorneys represent lessors in this growth market, both in transactional matters and in providing workout solutions arising from non-performance in leasing agreements.

Contact the contract law attorneys of Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC to arrange a consultation about your rights as a bank mortgage lender or other financial institution.