Business Law: Financial Services Law

The Financial Services Law team at Downs Rachlin Martin PLLC includes transactional lawyers with broad experience in structuring, negotiating and restructuring complex loan transactions, as well as experienced litigators prepared to handle enforcement of loans and related litigation.

Whether you need assistance with straightforward or complicated financial legal issues, our mission is to exceed your expectations while providing prompt, cost-effective service.

Our team has extensive experience with sophisticated commercial financing structures. We frequently advise out-of-state and international lenders on Vermont and New Hampshire laws affecting loans made to Vermont- and New Hampshire-based borrowers. We represent institutional (bank and non-bank) lenders and borrowers in all types of financing transactions, including:

• general business loans
• SBA loans
• asset-based financings
• bond financings
• factoring transactions
• Article 9 transactions
• floorplan financing
• securitization of receivables and other debt instruments
• participated and syndicated loans
• commercial and private real estate mortgage lending
• leasehold mortgage transactions
• transactions involving intellectual property as collateral

We work with our clients to develop and implement strategies to meet specific objectives.

The Financial Services Law team analyzes relevant loan and financial documents, considers any permitting and environmental issues and works with the lender to develop and implement a strategy tailored to the lender's objectives.

Our experienced attorneys also counsel lenders on documentation and loan enforcement issues to minimize the risk of lender liability exposure. We advise clients on a range of issues arising under state banking laws and regulations.

We have extensive knowledge in the Vermont laws applicable to non-bank lenders as well as considerable experience in structuring financing proposals for presentation to credit enhancement agencies such as the Vermont Economic Development Authority.

We represent a variety of financial institutions in a broad range of matters:

• lenders in workouts of distressed real estate and commercial loans
• lenders in the enforcement of security interests under the UCC
• secured and unsecured creditors and other interested parties (such as landlords) in all aspects of reorganization and liquidation proceedings, including prosecution of claims, relief from stay, sales of assets, and the prosecution and defense of adversary litigation.
• lenders in a variety of lender liability actions in all state and federal courts
• financial institutions and investment managers involved in probate and fiduciary litigation matters, as well as businesses with complicated contract and business tort disputes

Contact Us

To find out more about our Financial Services practice, contact  Jake Wheeler  or  Thomas Moody.