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- Attorney - Creditor's Rights, Restructuring and Bankruptcy
Description
Overview
Whiteman Osterman & Hanna LLP is seeking a senior associate with 3+ years of relevant experience.
Our firm, based in Albany, New York, is the largest in the Capital Region with over 115 attorneys. We have 19 practice areas, utilizing a team approach to address our clients’ needs. In addition to Whiteman Osterman & Hanna’s depth of legal knowledge, we are dedicated to creating a positive and rewarding work environment for all employees – attorneys and staff alike.
Key Responsibilities:
Client Representation
- Representation of financial institutions and other commercial lenders in complex commercial loan workouts and out-of-court restructurings, including workout negotiation and documentation, state and federal court litigation, and creditor representation in bankruptcy proceedings.
- Draft loan documents including, credit and security agreements, intercreditor agreements, forbearance agreements, and loan modification agreements, and prepare other credit enforcement documents.
- Advise clients on legal strategies and attendant risks respecting debtor-creditor relationships and bankruptcy implications.
- Conduct risk assessments and documentation reviews for financial institutions and commercial creditors.
- Develop cost-effective legal strategies to recover assets and minimize exposure to preferential transfers and fraudulent transfer claims.
Financial Services Litigation
- Represent clients before state and federal trial courts in connection with foreclosure actions, replevin actions, collection lawsuits, and other commercial litigation involving recovery of debt.
- Prepare pleadings, discovery, and motions in federal and state courts.
- Advocate in bankruptcy court proceedings, including adversary proceedings and other contested matters.
Bankruptcy Proceedings
- Represent creditors in Chapter 7, 11, and 13 bankruptcy cases, including secured and unsecured creditors, landlords, lenders, and financial institutions.
- Prepare and file motions for relief from stay, proofs of claim, objections to discharge/dischargeability, and other bankruptcy-related pleadings.
- Attend and advocate at Section 341 meetings, plan confirmation hearings, and adversary proceedings.
- Analyze debtor bankruptcy filings and identify strategies to protect client interests.
- Pursue enforcement of judgments, including garnishments, liens, and levy proceedings.
- Negotiate and litigate loan workout agreements and debt restructuring matters.
Team Collaboration & Training
- Work with internal teams, including commercial litigation and financial services groups, to align strategy across practice areas.
- Mentor junior attorneys and paralegals on state and federal court and bankruptcy court procedures and case management, as needed.
Qualifications:
- J.D from an accredited law school
- Admission to the New York Bar
- 3 to 7 years of experience in creditor’s rights, business restructuring, financial services litigation, and bankruptcy law
- Significant experience in representing financial institutions in commercial loan workouts, restructurings and litigation matters and in complex commercial bankruptcy litigation proceedings
- Experience in handling commercial debt collection and post-judgment enforcement is preferred
- Ability to juggle multiple matters/issues
- Strategic and detail oriented
- Excellent drafting, negotiation and communication skills
- Ability to work independently and collaboratively in a fast-paced environment.
Application Materials
- Cover letter (preferred, but not required)
- Resume
- Law School Transcript
Applications will be accepted on a rolling basis. Please contact Careers@WOH.com with any questions.
Whiteman Osterman & Hanna LLP is an equal opportunity employer. We are committed to a work environment that supports, inspires, and respects all individuals, and in which employment decisions are merit-based and made without discrimination on the basis of race, creed, color, gender or sex, national origin, disability, sexual orientation, gender identity, age, religion, pregnancy, protected activity, veteran status, marital status, citizenship, genetic information, predisposition or carrier status, or any other characteristic protected by law.
