Capehart Scatchard has a long history of representing the banking industry in New Jersey and Pennsylvania. The Capehart Scatchard Banking Group represents numerous regional, commercial and community banks and commercial lenders in connection with workouts, mortgage foreclosures, commercial litigation and bankruptcy, as well as negotiating and drafting a variety of loan documentation. It provides consumer regulatory compliance advice to its local and national clients, as well as litigation of consumer compliance matters, including class actions on truth-in-lending and other disclosure and documentation matters. The Banking Group has evolved with the changes in the banking and lending industry, including the various consolidations that have taken place, as well as the change and addition of services being provided to the customers of banks and other lenders.
Our Firm's substantial investment in computers and technology rivals that of any firm in the state. We have the ability to utilize that technology to efficiently deliver work product, including loan documentation, to our clients via e-mail, desk-top faxing, Internet download, and high-speed copier/printers.
Today, the Capehart Scatchard Banking Group has seasoned attorneys capable of handling loan documentation, work outs, commercial litigation, bankruptcy, bank charter, and compliance issues. The following are the partners in this Group:
- Peter Bejsiuk is a past Chairman of the Board of Directors of the Banking Law Section of the New Jersey State Bar Association, and past President of its Financial Transactions Subcommittee. It is one of the largest permanent Sections of the state bar, and is active in banking issues, providing a range of services from commenting on pending legislation to putting together programs on relevant issues. He has over 20 years of experience in banking, lending and creditor law.
- Mary Ellen Rose has represented banks and lenders in loan transactions in both real estate and asset-based lending. She has also handled loan workout matters, as well as bankruptcy and state and federal court litigation.
- Alan Fox has concentrated on the litigation aspects of representing creditors. He has served as a speaker at annual bar association-sponsored bankruptcy forums and for lenders. He has handled work-outs, foreclosures, recovery actions, bankruptcy cases and the like for creditors.
The representative clients of this Group include regional commercial banks, community banks, captive finance companies, national commercial finance companies, and other lending institutions.
Listed below are a sampling of our representative matters:
- Preparing loan documentation for tax-exempt financing underwritten by the New Jersey Economic Development Authority
- Preparing loan documentation for real estate and asset-based financing
- Acting as local counsel on financing for corporate funding of national companies
- Acting as local counsel for class actions involving consumer finance issues, such as truth-in-lending, for captive finance companies in the automotive industry
- Providing consumer compliance regulatory advice for banks and financial institutions, including putting together loan programs for home equity and credit card programs
- Instituting suit against a title company on behalf of a real estate lending group for a commercial bank, recovering over the policy limits of $1.2 million
- Handling the bankruptcy litigation for a captive finance company against a multi-franchise dealer, recovering all principal, interest and attorneys' fees
Banking and Financial Services Group Attorneys
