BANKING LAW

Winston and Winston P.C. has been directly representing our clients in the area of banking and financing law for over 20 years. Our practice has expanded by reason of being recommended to other departments within the same entity.

Our firm is well versed in the Uniform Commercial Code as well as all relevant federal statues that regulate commercial and consumer matters. Whether the issues involve Documents of Title, Commercial Paper, Security interests, Uniform Custom Practices Act, or Automated Clearinghouse Rules - Reg. E, we will be able to advise you on how to proceed.  Few firms share this broad range of expertise.

Winston and Winston P.C., with a large staff of legal assistants and telephone collectors and the Winston Attorney Management Network (WAMN) support the following services:

Collection and Litigation Services

Credit Card Delinquencies Loan Installment Agreements Promissory Notes
Enforcement of Lease Agreements for vehicles and equipment including Replevins and Flat Fee Judgments Recovery of Automobile, Boat, and Equipment Deficiencies Commercial Loan Workouts for all types of unsecured and asset based lending
Recovery of Operational Losses (i.e. encoding errors, wire transfers) Unjust enrichment and/or Theft of Services/Benefits Claims Post-Judgment  Enforcement Proceedings - Piercing the Corporate Veil 
Handling of Errors and Omissions for the Legal Holds & Levies Department concerning the attachment of bank accounts Enforcement of Vendor Agreements between Financing Entity and Auto Dealerships for Breach of Contractual Obligations Collection of overdrafts for checking accounts and balances due on safe deposit boxes
Defense of Class Actions for Violations of Consumer Protection Laws Audits to ensure compliance with state & federal consumer protection laws  (FDCPA, FCRA, TILA, ECOA) Mortgage Foreclosures and enforcement of Deficiency Judgments
Collection and litigation in the areas of Letters of Credit, Bills of Lading, Documents of Title, Bulk Sales and Assignments for the benefit of creditors as well as holding principal owners liable for corporate debts.  Bankruptcy issues including, but not limited to:
Relief of Automatic Stay
Reaffirmation Agreements/Programs
Objections to Ch 11, 13 Plans
Attend 341 meetings
Adversary Proceedings
Objections to Discharge
Representing major creditors on Chapter 11 Creditor's Committees

 

Copyright © 1999, 2000 Winston & Winston P.C. All rights reserved.
Revised: August 24, 2003