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Niall T. McLachlan

Niall T. McLachlan

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Overview

Niall McLachlan has spent his entire career representing institutional and private lenders in state, federal district, and bankruptcy courts, and in arbitration proceedings. He has over 20 years of experience negotiating troubled loan workouts and litigating matters involving complex commercial loans, complex foreclosures, assignments for the benefit of creditors, and lender liability claims including claims alleging breach of fiduciary duty, fraud, unjust enrichment, negligent misrepresentation, and negligent underwriting. He has extensive experience advising clients and litigating matters under the Uniform Commercial Code, including matters concerning secured transactions, negotiable instruments, bank deposits and collections, fund transfers, and letters of credit, and representing creditors in proceedings under Chapters 7, 11, and 13 of the United States Bankruptcy Code.

Niall has also represented securities brokerage firms in arbitration proceedings before the Financial Industry Regulatory Authority concerning disputes with former brokers.

Experience

  • Represented private lender in connection with litigation and restructuring of $10 million lending facility.
  • Negotiated workout of $5 million warehouse lending line of credit.
  • Represented court-appointed receiver appointed to liquidate corporate borrower after $20 million loan default.

Reported Decisions

  • Carlton Fields, P.A. v. Locascio, 81 So. 3d 611 (Fla. 3rd DCA 2012) (lien priorities and limits on probate court’s jurisdiction).
  • Omni National Bank v. Georgia Banking Co., 951 So. 2d 1006 (Fla. 3rd DCA 2007) (secured creditor’s right to intervene in litigation involving collateral).
  • In re PSN USA, Inc., 426 B.R. 916 (Bankr. S. D. Fla. 2010) (representation of surety for bankruptcy trustee).

Professional & Community Involvement

  • American Bar Association
  • The Florida Bar
    • Business Law Section, Bankruptcy and UCC Committee
  • Dade County Bar Association
  • Association of Trial Lawyers of America
  • Bankruptcy Bar Association for the Southern District of Florida
  • Moderator, Continuing Legal Education Panel Addressing Foreclosure Crisis in Florida

Credentials

Education
  • Nova Southeastern University Shepard Broad Law Center (J.D., 1995)
  • Florida Atlantic University (MBA, 1992)
  • Florida State University (B.S., Finance, 1989)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Litigation Associate, Kaufman, Dickstein & Grunspan, P.A. (1995-2004)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.