Boylan Brown

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Creditors Rights and Bankruptcy

Boylan Brown has a well-respected practice in the areas of loan workouts and restructurings, bankruptcy, commercial litigation and secured transactional services with special emphasis on the representation of lenders, commercial creditors and businesses in bankruptcy proceedings, loan restructures foreclosures and collections. Our firm provides a panoply of legal services, from restructuring problem loans to foreclosing secured loans to collecting all amounts due to our clients. Boylan Brown has vast experience representing creditors, creditors’ committees and debtors in matters including debt restructuring; foreclosures; Chapter 7 and 11 proceedings; lender liability issues; commercial and retail collections; evictions; and tax issues.

We regularly and successfully represent lenders in complex Chapter 11 proceedings throughout New York and in non-bankruptcy workout or restructures both in and out of state. Recently, for example, we represented a secured lender in a $15,000,000 commercial mortgage foreclosure and Chapter 11 reorganization against the owners of a large downtown shopping mall and office building located in Rochester, New York. Boylan Brown has asserted secured claims against an office building located in Memphis, Tennessee to satisfy the secured interest created through an option agreement.

Foreclosure

Boylan Brown maintains one of the pre-eminent foreclosure practices in Western New York. Over the past ten years, our firm has prosecuted commercial mortgage foreclosure actions involving in excess of $200 million in loans for a variety of regional, national and international lenders. At least two cases in which we have successfully represented a lender have generated standard setting appellate decisions for the points of law in issue. We are capable of handling large, complex foreclosures of commercial and industrial property as well as simple residential foreclosures. We routinely have receivers appointed and work closely with receivers to manage a client’s asset during the foreclosure process. Additionally, our experience with property managers throughout the Upstate New York region permits us to assist clients in the selection of a property manager/receiver for their secured property. Clients include JPMorgan Chase Bank, GE Capital Franchise Finance Corporation, IDS/American Express, National City Bank of Pennsylvania, John Alden Life Insurance Company of New York, SunAmerica Life Insurance Company, Pittsford Capital Mortgage Partners, LLC and many others. Our lead foreclosure attorney is a frequent lecturer in seminars relating to foreclosures and workouts. We are willing and capable of working in all Upstate regions of New York State.

Bankruptcy

Boylan Brown is uniquely situated to assist creditors in the recovery of assets in a Bankruptcy setting. Our firm combines years of experience and considerable depth of personnel to be able to offer clients superior representation. There are seven attorneys and three paralegals who handle bankruptcy related matters. Three of our attorneys, cumulatively, have over 100 years of experience practicing before the Bankruptcy Courts in New York State. Two of our attorneys also serve as trustees in the Western District Bankruptcy Court and, as a result, are well acquainted with and are well known and respected by the judges and personnel of those courts. Having handled creditor representation in a wide variety of matters provides detailed knowledge in addressing new creditor problems, whether it is secured creditors attempting to recover collateral or assisting the borrower in reorganizing in a way favorable to a lender’s position. We have represented secured creditors, creditors’ committees, and bankruptcy trustees in several high profile bankruptcy cases such as Midtown Plaza, Interco Systems, Bristol Harbor, Valentown Museum, Sykes Datatronics, Marjax and Conlon Industries. Boylan Brown has experience in representing governmental lenders in bankruptcy recovery situations and has particular expertise in Chapter 11 asset dispositions through bankruptcy court approved liquidations. This frequently can allow a successor entity to acquire the distressed business venture cleansed of debt and able to continue operations and the corresponding jobs in the area. In the last two years alone Boylan Brown has arranged for such dispositions in three Finger Lakes region cases: Shepard Niles, Davenport Machine and Hudson Hotels. This broad experience in the field allows Boylan Brown attorneys to provide accurate, quick advice in debt recovery matters. As counsel for a regional bank, Canandaigua National Bank, there has been extensive lender representation in real estate developer bankruptcies and workouts. Department members are frequent lecturers for the New York State Bar Association and the Monroe County Bar Association on bankruptcy and debt collection topics. For many years the lead attorney in our creditors’ rights department has been listed in “The Best Lawyers in America” for his bankruptcy expertise. Attorneys in our creditors’ rights department work closely with attorneys in our litigation department on contested matters.

Collections

Through our efforts in 2003, the Monroe County Sheriff’s Department, Civil Division, received the two highest poundage fee awards it ever has collected. We have extensive experience pursuing and enforcing judgments in actions where accounts receivable have been pledged as security; similarly, we have extensive experience locating and executing against collateral held by unsecured judgment debtors. Our collection department employs state-of-the-art collections electronics and software and has created a virtually paperless system where nearly all routine file work is handled electronically and matters, once entered, are calendared for reminder, and status reports noting fees expended and amounts collected to date are generated automatically. Similarly, based upon initial input data, demand letters, pleadings and motions and enforcement documents are generated with minimal effort (and increased efficiency) on forms we have created to best serve our clients. Since we create the forms into which the file specific information is merged, our forms can be tailored to fit contractual provisions unique to a specific client. Best of all, a client, at any time and from any remote location, may access read-only versions of their files on our system through use of a proprietary password assigned only to that client.

The automation of our collections department enables each of our paralegals to handle hundreds of files efficiently and effectively with uniformity in the quality of our product. Importantly, that same automation permits us to add staff, without a lag for training, whenever there is a large influx of new files. Despite our automation, however, all matters receive the scrutiny and approval of an attorney before they are filed with any court. Our expertise and practice extends to commercial and retail collections and, if contested, any matter easily can be handled by one of our several litigation attorneys.

Our goal is to get our clients the money they are owed, so we recognize that all of our automation and efficiency is meaningless if we do not collect on a file. Toward that end, we conduct thorough asset searches on all judgment debtors and boast a recovery rate on collections files that we believe is second to none. Representative clients include BSB Bank and Trust, Canandaigua National Bank and Trust Company, Summit Federal Credit Union, Wegmans Food Markets, Inc. and many others.

Boylan Brown
2400 Chase Square
Rochester NY 14604
Tel: 585 232-5300
Fax: 585 232-3528
E-mail: info@boylanbrown.com

Boylan Brown, founded in 1974, is focused on business and corporate legal services and wealth succession planning. Today, we have over 35 attorneys practicing in New York State and strategic relationships with partner firms in a variety of markets around the country and around the world to serve the growing domestic and global needs of our business and corporate clients.

We regularly represent start-ups and middle market companies as well as some of the largest and most sophisticated organizations in their respective industries. Our practice brings our standard of excellence to bear in proactively protecting our clients’ position and assets and supporting the growth and development of their business - from financing through private investment funds and venture capital, negotiating complex agreements and sophisticated transactions, to mergers and acquisitions, IP and succession planning.

“Our goal is to maintain a dynamic legal practice that can evolve in response to our clients’ political, social, domestic and global realities.”

We have distinguished ourselves from other firms through unique perspectives on the way a law firm delivers value to its clients and by redefining the traditional law firm business model to focus on efficiency, innovative practices and the creation of a deeper value model. Our business model is designed around the ever-changing needs of our clients and the dramatically changing and challenging environment in which they live and work.