Banks and Financial Institutions

Since the firm's inception in 1988, Spotts Fain has been providing counsel and representation to institutional and private lenders and parties interested in providing and raising capital. In so doing, the firm has brought to bear the significant experience and business judgment of its attorneys, to help clients navigate the challenging and ever-changing marketplace. 

Our Banking and Finance clients range from large-scale syndicators of loans secured by real-estate, start-up companies trying to obtain the necessary capital to grow their business,  to community banks, serving all of the financial needs of small to mid-sized companies in Central Virginia. We also represent fund managers, managing assets throughout the United States. 

In order to best serve the varied needs of our Banking and Finance clients, Spotts Fain draws upon the expertise of lawyers in all sections of the firm, whether it is the Business and Real Estate Section assisting with loan origination, entity formation and management or raising venture capital, the Creditor's Rights Section and the Litigation Section helping clients recover fully on troubled loans, or our Employment Group assisting with the labor and employment issues of our Banking and Finance clients. 

With the breadth of experience and expertise in the firm, we are able to form client-specific and matter-specific teams, to address a client's issues in the most efficient manner. In the end, it is the success of our clients upon which our reputation is based. 

Creditors Rights, Bankruptcy and Insolvency services

  • Workouts and reorganizations
  • Commercial creditor bankruptcy legal services
  • Representation of unsecured creditors
  • Representation of chapter 7 trustees
  • Foreclosure representation 

Transactional services

  • Lender representation
  • Loan negotiation and documentation
  • General corporate law including contracts, real estate transactions and leases
  • Closings, refinances and restructuring including conventional financing, SBA and HUD Loans
  • Construction financing, including institutional and private market funding

Employment Counseling and Litigation

  • Creation of employee handbooks and manuals
  • Counseling management on issues involving federal and state employment laws
  • Employment litigation in state and federal courts

Representative Matters

  • Assisted numerous regional and community banks with workouts of multi-million dollar underperforming or non-performing loans
  • Represented lenders and borrowers in acquisition and development loans, construction loans and syndicated credit line facilities
  • Representing local, national and international financial institutions in asset based and bond finance transactions
  • Representation of debtor-in-possession lenders
  • Representation of exit-finance lenders in chapter 11 proceedings; and
  • Representation of claims traders and distressed debt investors
  • Representation of hedge funds and private-equity funds
  • Lender counsel on multi-million dollar refinance transaction of a sporting and entertainment facility
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