Financial Institutions

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With more than 90 attorneys solely dedicated to legal matters concerning financial institutions, Baker Donelson is committed to representing clients across a broad spectrum of the financial sector. National and state chartered banks and bank holding companies, community banks, commercial mortgage-backed securities (CMBS) special servicers, wealth management companies, commercial banks, insurance companies, mortgage servicers and lenders, trust companies and real estate lenders all count on us to give them the competitive knowledge and industry insight we're known for. Our lawyers focus on the following key finance industry market segments:


  • Bankruptcy and commercial restructuring. We represent buyers and sellers in connection with sales arising out of bankruptcy, insolvency and liquidation proceedings. Services include loan defaults, corporate trust defaults, insurance company insolvencies, bank and bank holding company insolvencies, municipal bond defaults, repossessions, foreclosures, lien disputes and other matters affecting debtor/creditor relationships. We regularly represent financial institutions in bankruptcy and creditors' rights issues, have been involved in pre-bankruptcy planning issues and represented debtors in Chapter 11 cases, and have served as bankruptcy trustees and examiners. We also represent the interests of creditors' committees in pending bankruptcy cases.
  • CMBS Special Servicers. We represent CMBS special servicers in bankruptcy, state and federal court receiverships, foreclosure, mortgage loan purchase agreement breach claims, carveout guarantor litigation, portfolio management, and workout and restructuring matters across the country. We have particular experience in multi-family, health care, hospitality, office, industry, retail development and other income-producing properties.
  • Mortgage lending and servicing. We manage litigation portfolios and budgets for in-house legal and default servicing departments, and routinely handle default and other litigation arising out of contested foreclosure, bankruptcy, eviction and REO matters. Other services include creditor representation; lender-investor relations and lender liability defense; fair debt and collections practices claims and litigation; title clearance and title claims; and matters of compliance.
  • Financial institutions litigation. Our trial lawyers handle the full range of disputes covering all areas of business and operations, such as lender liability, alleged violations of corporate trust, breach of fiduciary duties, loan recovery, consumer finance and regulatory litigation. The group has litigated matters involving the enforceability of guarantees, the appropriateness of contractual interest rates and other charges, issues relating to letters of credit, interest rate swap agreement litigation, subordination disputes, and the enforcement of loan documents. Our attorneys have extensive experience representing lenders in litigation involving real estate loans and title litigation, and have represented a number of banks, bank officers and directors in a wide variety of bank closings, failures, reorganizations and FDIC litigation.
  • Corporate services and finance. Our experience representing lenders and borrowers in commercial transactions is critical when it comes to the complex financing that businesses routinely use as part of their strategic and financial planning. Team members spearhead mergers and acquisitions, branching, regulatory and governmental compliance, business diversification, investment and merchant banking, bond financings and more. We also regularly represent financial institutions in commercial loan transactions to borrowers and deal with a broad range of collateral. The types of transactions in which we typically represent lenders include C&I asset-based loans, real estate loans, unsecured loans, revolving facilities, term loans, syndications and participations.
  • Broker-dealer/registered investment adviser. Our attorneys counsel a wide range of organizations which provide brokerage, investment banking and investment advisory services. Clients include major national, regional and local broker-dealers, as well as investment advisers, market makers and dual-registered firms, municipal securities dealers, investment managers, public and private funds and banks.
  • Equipment leasing and finance. We represent some of the largest equipment leasing and finance companies in the United States. These include independent and captive leasing and finance companies, national and state banks and bank subsidiaries, financial services corporations, investment funds, brokers, originators, and funders. Made up of attorneys with extensive backgrounds in financial institutions, tax and corporate, our team guides clients through the full transaction experience, handling various corporate, tax and other legal issues along the way.

We also provide our clients with services related to capital raising, structured products, wealth management, mergers and acquisitions, asset management, regulatory and advisory services, mezzanine lending, asset-based lending, public finance, syndicated lending, real estate finance and structured finance.