Banking and Financial Institution Litigation
Experienced banking and financial institution lawyers
The attorneys at O’Sullivan McCormack Jensen & Bliss have represented banks, finance companies and other financial institutions as plaintiffs, defendants and garnishees.
On the plaintiff side, we represent lenders in their capacity as creditors. Our attorneys provide steady guidance in the realm of commercial loan workouts, but we are prepared to litigate as needed, having successfully concluded a number of complex and fully contested commercial foreclosures. We are experienced in commercial collection and replevin matters. We represent, in the Connecticut courts, out-of-state creditors who have obtained judgments against Connecticut residents in the courts of other states. We represent creditors in bankruptcy proceedings, including adversary proceedings for the nondischargeability of debts.
On the defense side, we have represented lenders in a variety of cases involving statutes and regulations that govern the relationship between lender and borrower. Many of these laws give consumers the right to sue for even highly technical violations, leading to claims often used to gain leverage for the borrower against the lender’s collection efforts. These include:
- The Truth in Lending Act (TILA)
- The Consumer Leasing Act and Regulation M
- The Fair Credit Reporting Act (FCRA)
- The Fair Debt Collection Practices Act (FDCPA)
- The Connecticut Retail Installment Sales Financing Act
- The Connecticut Unfair Trade Practices Act (CUTPA)
We also provide advice and, as needed, representation in court for financial institutions caught in the middle between their customers and third-party creditors. This includes, for example, cases in which a bank is served with garnishment process in a case against its customer, and requires guidance about its obligations and its rights, such as the right of setoff.
O’Sullivan McCormack Jensen & Bliss handles matters in and around Hartford, Middletown, New Haven, Fairfield, Stamford and all other parts of Connecticut. We litigate cases in the state and federal trial courts and appellate courts. A number of our attorneys are also admitted and represent clients in Massachusetts courts.