Tenacity in Pursuing Solutions
The value of our experience and recognition that it never stops growing, allows us to help our clients achieve their goals across a broad range of services, including real estate finance and transactions, financial services, creditors' rights and commercial litigation, bankruptcy and business reorganizations, and complex business litigation.
Whether negotiating and documenting a major real estate transaction, representing a creditor in a highly complex Chapter 11 business reorganization, or defending a "bet the company" litigation matter, Frandzel strives to meet the needs of its clients quickly and efficiently. Because at Frandzel service is, and has been for over 35 years, the final word.
The Firm's Creditors' Rights and Commercial Litigation practice covers all aspects of debt recovery, including debt restructuring, workout agreements, litigation, foreclosures, provisional remedies (such as receiverships, attachments, and claim and delivery), and post-judgment enforcement proceedings. The Firm not only represents financial institutions, but also special servicers in the commercial mortgage-backed securities arena, as well as hedge funds/alternative lenders that have acquired distressed debt instruments.
In addition, to the above, the firm represents financial institutions in jury, non-jury, arbitration and judicial reference matters involving claims of “lender liability”, “bad faith”, elder and financial abuse claims, operations losses, including letters of credit, forged instruments/indorsements, electronic funds transfer and ACH claims, bills of exchange, safe deposit box theft, and related claims.
In the realm of insurance matters, the firm's expertise includes financial institutions bond and crime bond, title insurance, D&O, bankers professional liability, commercial general liability, claims regarding damage to collateral and other coverage disputes affecting financial institutions and commercial clients.
The Firm's Real Estate, Finance and Transactions practice group represents financial institutions covering the vast spectrum of the financial services industry, and handles real estate matters ranging from acquisition to sales and leasing, to loan originations, restructures and assumptions, to credit enhancement. Projects in which Frandzel attorneys have been involved include office buildings, hotels, auto dealerships, multi-family properties, income-producing properties, residential tracts, mixed use developments and others.
The Firm's Financial Services practice group provides legal representation to banks, non-traditional banks and alternative lenders, including hedge funds and credit unions, private lenders and other providers of financial services. In addition to real estate finance, the Firm handles commercial loan documentation for personal property secured and unsecured credits, revolving lines of credit and formula based transactions, letters of credit, participation agreements, and other forms of syndicated credit. The Firm also advises clients in commercial loan servicing and provides assistance with government regulatory issues, forms and compliance.
The Firm's Bankruptcy and Business Reorganizations practice group, in conjunction with the Creditors' Rights, Equipment Leasing and Finance and Commercial Litigation group, handles everything from straight-forward relief from stay actions involving income-producing property to highly complex matters involved in Chapter 11 business reorganizations. The Firm's broad range of workout experience and knowledge of commercial and real estate law allows members of this practice group to become involved in the transaction before a bankruptcy petition is filed in order to maximize the creditor's protection and its recovery. Notably, the Firm represents creditors in virtually all stages of the bankruptcy process, including successfully representing Union Bank of California before the United States Supreme Court in Union Bank v. Wolas.
The Firm's Equipment Leasing practice covers the spectrum of services needed by the Firm's clients such as preparation of leases, loan agreements, guaranties, and finance agreements, equipment finance agreements, conditional sale contracts and all documents for almost all types of financing, sale and leaseback transactions. In addition, the firm has experience with the California Department of Business Oversight, and its regulators with applying for and maintaining a California Finance Lenders License and also with respect to DBO enforcement proceedings against lenders and lessors. The Firm also regularly represents equipment lessors and lenders with troubled or defaulted transactions in the workout, bankruptcy and litigation arenas.
The Firm is involved with all aspects of discounting and broker relationships and transactions between brokers, lenders and assignees of leases, loans and other chattel paper, enforcement and litigation of leases, loans, conditional sales contracts and other chattel paper in Federal, State and Bankruptcy Courts and before any administrative tribunals or with respect to arbitrations or mediations. The Firm also handles all aspects of Creditors Rights, portfolio and loan and lease sales, participations, end of term renewal issues and enforcement, workout and forbearance or modification agreements, prejudgment remedies such as writs of possession (or replevin), attachments, receivers and injunctions, post judgment remedies and execution on assets of judgment debtors. The Firm is well versed in dealing with claims made against lessors and lenders for usury, unfair business practice claims, defective equipment problems, agency allegations, and problems created by vendors, brokers and assignors.
The Firm's Business Litigation practice covers a wide range of matters, including breach of contract claims, construction disputes, real property disputes, harassment and discrimination claims, intellectual property actions, class action defense, bad faith claims, unfair competition and other anti-competitor practices, and tort actions, among other matters. The attorneys in this practice group, while regular participants in mediations and arbitrations, are always prepared to bring the case to trial, and regularly do so in all of the state and federal courts in California, as well as, from time to time, in other jurisdictions.
The Firm’s business litigators also regularly represent state and federal equity receivers in a variety of matters around the country, including those cases in which governmental agencies have appointed a receiver in connection with Ponzi schemes or in those matters involving fraudulent and deceptive trade practices against consumers.
Experience in preparation of employment materials including handbooks, injury and illness prevention programs, governmental compliance documentation, as well as an extensive litigation experience in prosecuting and defending matters involving discrimination, disabilities, sexual harassment, wage and hour, overtime, exempt and non-exempt employees, independent contractor/employee issues, unfair competition, and unfair business practices, highlight the broad nature of the Firm's experience in employment law.