Banking Litigation & Creditors’ Rights
Berman Fink Van Horn has represented financial institutions and creditors across industries with legal issues related to lending, foreclosure, and regulations affecting creditors and lenders, in state and federal court. We provide valuable knowledge, experience in these areas, and take our role as advocate and counselor seriously; we strive to navigate conflict efficiently, using our expertise and common sense to reach the best possible outcomes.
Banking Litigation and Representing Creditors
We have represented clients in foreclosure proceedings, as well as defending lender liability actions, Fair Credit and Reporting Act (FCRA) claims, Fair Housing Act (FHA) claims, Truth in Lending Act (TILA) claims and Real Estate Settlement Procedures Act (RESPA) claims. We represent lenders in their enforcement actions, foreclosure actions, and voidable transfer actions. Berman Fink Van Horn attorneys have considerable experience in litigating voidable transfer cases, including securing several jury verdicts on voidable transfer claims, with an aim to recover as many assets as possible for our clients.
Why choose us?
When you entrust us with your business matter, you can rest assured our team will treat your company like it is our own. The attorneys handling your case will always keep you up to date, consistently communicating with you and collaborating on creative solutions. Our team is nimble, accessible, and ready to act. And while our rates are competitive, our clients receive white glove service from a senior level attorney — every time.
Contact us to learn more or call one of our business attorneys at 404-261-7711.
Attorneys in this area
Financial institution prevails at arbitration
A financial institution’s loss prevention policies were flagged as irregular proceeds from the EIDL program (part of the CARES Act legislation). The account holder sued the financial institution, claiming its business suffered a six-figure loss from the funds being frozen. BFV Attorneys Charles Van Horn and Carson Modrall successfully tried the case at arbitration, resulting in a complete defense ruling of the financial institution.Attorneys involved in this case: Charles H. Van Horn, Carson Modrall
Business owner saves nearly $250,000 in claim from institutional lender
An institutional lender took action against our client, a business owner, on a promissory note and loan guarantees. Faced with a very difficult situation, Berman Fink Van Horn was successful in defeating the claim of almost $300,000 in attorney fees (a percentage of the debt) and instead limited the lender to recovering only its actual fees incurred, closer to $40,000. In the end, this saved the client close to $250,000.Attorneys involved in this case: Lydia M. Hilton, Alan E. Lubel
Suing under the Fair Credit Reporting Act? Think again
A borrower claimed our client, a financial institution, improperly reported information on his credit and filed a lawsuit, claiming a violation of the Fair Credit Reporting Act. After a rigorous process of carefully and thoroughly reviewing every credit report that was prepared by the financial institution, attorneys at Berman Fink Van Horn successfully demonstrated that the institution’s reporting was accurate and fully compliant with the law. The Court dismissed the action against our client.Attorneys involved in this case: Charles H. Van Horn