Practice/Industry Group Overview
Our Commercial Litigation attorneys take a common-sense approach to resolving commercial disputes. We work with our clients to identify the best and most efficient way to handle matters, whether through litigation, negotiation or alternative dispute resolution such as mediation. We understand that each situation and each client presents different dynamics. Hinman, Howard & Kattell represents large and small clients, including individuals, public, private and family businesses, financial institutions, insurance companies, and contractors. Our attorneys practice in state and federal courts in New York and Pennsylvania, as well as Surrogates Court and Bankruptcy Courts. Our capacity to provide a broad range of services in commercial matters is illustrated by the experience we have in the following areas:
• Commercial, Contract and Real Property Litigation
We represent clients in all types of matters, including breach of contract, landlord-tenant disputes, partition of real property, actions on guarantees, and estate litigation.
• Bankruptcy, Workouts and Creditors Rights
We appear regularly in the Northern and Southern Districts of New York, and represent clients in bankruptcy courts throughout New York and Pennsylvania, as well as via pro hac vice admission in Delaware and many other jurisdictions. We have many years of experience litigating adversary proceedings and representing creditors both local and national. We file involuntary petitions, represent creditors committees and bankruptcy trustees, and routinely counsel clients regarding bankruptcy issues in a variety of contexts. As with all the matters we handle, we strive for an efficient, cost effective resolution of the problem and have a long track record of assisting clients in workouts in complex bankruptcies.
• Enforcement of Judgments
Attorneys and support staff aggressively pursue collection of judgments with sophisticated asset searches, use of restraining notices, information subpoenas and depositions of judgment debtors. We levy on real and personal property, commence special turnover proceedings, obtain installment payment orders, and commence fraudulent conveyance actions to satisfy our clients’ judgments.
• Construction and Surety
We represent owners, contractors, subcontractors and vendors in mechanics lien issues, surety and insurance claims, contract rights, and dispute resolution.
We have attorneys with broad experience in judicial and non-judicial foreclosure and represent many lenders with a goal of efficiency in resolving all issues surrounding foreclosure. We negotiate deeds-in-lieu and bid assignments, enforce security in rents, and work with court-appointed receivers to maximize clients’ return.
We represent banks, credit unions, energy companies, insurance companies, and healthcare organizations, approaching collection of accounts with techniques tailored to our clients’ individual needs. For example, with our many nursing home clients, we use a hands-on approach in collecting patient-pay components, working with Departments of Social Services, appearing in guardianship proceedings to oppose improper transfers and prosecuting fraudulent conveyance actions when necessary.