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:

• Paul Alston
• Tina Colman
• Louise Ing
• Neil Hulbert
• Glenn Melchinger
• Andrew Smith