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Banking, Commercial, and Consumer Finance

Banking, Commercial, and Consumer Finance

Overview

Carlton Fields represents banks and other financial institutions in connection with commercial finance transactions and consumer lending litigation and regulatory matters. Our commercial finance lawyers represent many of the country’s largest and most sophisticated institutions, including national and regional banks, in the full range of commercial finance transactions, with an emphasis on commercial real estate and asset-backed financing. Our consumer finance lawyers represent banks, servicers, and other industry clients in high-stakes individual and class action consumer litigation with the goal of limiting or eliminating portfolio-level risk. We also provide regulatory and compliance advice on data security, cyber risk, and compliance with federal and state consumer financial protection laws and regulations.

Consumer Finance
Carlton Fields has extensive experience representing banks and other financial service industry clients in state, federal and bankruptcy court litigation, and arbitration. In addition to defending banks in high-stakes individual and class action consumer litigation, our lawyers counsel and advise the industry on data security, cyber risk, and compliance with federal and state consumer financial protection laws and regulations, including Consumer Financial Protection Bureau (CFPB) regulations. Learn more about our consumer finance practice.
Creditors' Rights and Bankruptcy
Our extensive insolvency, reorganization, and restructuring practice includes the representation of foreign and domestic commercial lenders, creditors’ committees, unsecured creditors, Chapter 11 and Chapter 7 trustees, court-appointed receivers, assignees, landlords, bondholders, and purchasers of assets of bankruptcy estates. We have also represented debtors in possession in several large Chapter 11 cases. Learn more about our creditors' rights and bankruptcy practice.
Distressed Asset and Workout
We provide strategies and solutions throughout all phases of problem loan resolution, including workouts, litigation, and bankruptcy proceedings. Our representation begins with a thorough review of the debt relationship, which includes an analysis of credit and litigation risk from which we develop a timely, cost-effective strategy. Learn more about our distressed asset and workout representation, and our real estate workouts and problem loan resolution practice.
Lending
Our team of commercial lending lawyers offers a multidisciplinary approach that spans the spectrum of real estate finance at all levels of the capital stack. We routinely handle a diverse range of transactions in various roles and capacities, from large, complex structured finance matters to more conservative balance sheet loans, and everything in between. We represent Wall Street investors, life companies, commercial banks, REITs, private equity funds, pension funds, conduits, master and special servicers and rating agencies in a wide range of sophisticated real estate transactions, including the negotiation, documentation, and closing of CMBS, balance sheet, mezzanine, construction, development, and other loans (participations and syndications) involving properties of all types. Learn more about our lending services.

All Insights

Eleventh Circuit Addresses Potential Conflict Between FDCPA and TILA, Holds That Debt Collector Must Comply With Both

July 18, 2022

Why Every State Should Require Financial Literacy Education, as Florida Does

May 6, 2022

FTC Sharpens Its Cyber Enforcement Tool by Amending and Expanding the Safeguards Rule

November 4, 2021

Hunstein and the FCCPA

October 22, 2021

Payment for Order Flow (PFOF): Your Questions Answered

October 11, 2021

This podcast details why payment for order flow and gamification are in the news, and how regulators and the industry in general are addressing related issues and concerns. The episode features Brattle Senior Consultant and Broker-Dealers & Financial Services Practice Leader Hollie Mason, MS, JD, who is joined by Carlton Fields Shareholder and former FINRA Senior Director Justin Chretien.

UPDATED: House Bill 59 Creates Delays on the Filing of New Comprehensive Plan Amendments

July 19, 2021

Food for Thought: Can the Small Business Reorganization Act Be a Path for Restaurant Franchises?

May 12, 2021

Franchisees and franchisors in the restaurant industry have weathered tumultuous times due to the economic consequences of COVID-19. But now small business debtors with debts up to $7.5 million may seek relief under the streamlined Small Business Reorganization Act. This broadened scope may prompt struggling restaurant systems and their operators to consider whether to file for bankruptcy.