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BANKING & FINANCE
We provide advice, counseling and litigation representation in a variety of areas including:
Regulatory Compliance and Lender Issues
- Truth in Lending, Fair Debt Collection Practices, Equal Credit Opportunity, usury, and other lending related laws and regulations
- Depositors’ rights
- Lender liability issues
- Negotiable instruments
- Financing transactions and preparation of transactional documents
- Avoidance of fraudulent transfers / conveyances, claims under the Uniform Fraudulent Transfer Act (UFTA)
- Representation in disputes with co-lenders and other relating to loan participation agreements and other inter-creditor matters
Collections, Foreclosures & Bankruptcy
- Creditors’ rights
- Lien Priority and unsecured claims
- Security interests in real and personal property, including Uniform Commercial Code (UCC) Article 9 and other types of liens
- Corporate workouts and debt restructuring for single or multiple asset problem loans, due diligence, and legal risk analysis
- Acquisition of distressed properties and businesses
- Business restructuring and turnaround consulting
- Receiverships
- Commercial debt collection
- Non-judicial collection methods and Fair Debt Collection Practices Act (FDCPA) compliance and litigation
- Non-judicial foreclosures, deeds-in-lieu of foreclosure
- Foreclosures and collection actions
- Mortgage foreclosures on resort, commercial, and residential real property
- Complex foreclosures (e.g., involving foreign loans, complex title issues, Hawaiian rights issues)
- Pre- and post-judgment remedies in Hawai`i State and Federal courts (Attachment of real property and personal property, garnishment)
- Domestication and collection of foreign judgments from other states and other countries
- Bankruptcy counseling
- Representation of creditors and trustees in commercial bankruptcy litigation
AHFI attorneys who focus in this area of practice are:
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