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Areas of Practice
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SWK Attorneys at Law|500 Skokie Blvd., Suite 600, Northbrook, IL 60062|(224) 260-3090

Areas of Practice

Financial Services & Bankruptcy

Our Financial Services practice includes advising clients on matters related to asset protection, financing, bankruptcy, debt restructuring /workouts and more. Our attorneys have extensive experience representing both debtors and creditors in lending transactions, collections matters, financial institutions, and exploring bankruptcies.

  • Asset Protection: Asset Protection is a critical aspect of financial planning, especially for business owners and high net worth individuals. Our attorneys can help you identify potential threats to your assets and develop strategies to protect them.
  • Debt Restructuring and Workouts: We have a proven track record of successfully navigating our clients through the complex legal landscape of commercial lending, distressed mergers and acquisitions, debtor and creditor representation, note purchasing, and private money lending, negotiation and documentation.
  • Bankruptcy:
  • Debtor Representation: If you are facing overwhelming debt and considering filing for Chapter 7 or 13 Bankruptcy, our attorneys can help you understand your options and determine the best course of action. We will assist you with the preparation and filing of your bankruptcy petition, as well as represent you in court throughout the process. We understand the stress and uncertainty that can come with filing for bankruptcy.  Our attorneys provide personalized, compassionate representation to help you through a difficult time.
  • Creditor Representation: If you are a creditor, and a debtor has filed for bankruptcy, we can help you navigate the process and protect your rights, including filing proofs of claim, objecting to a discharge, pursuing other legal remedies available to you.
  • Preference Defense: If you are a debtor, and a creditor has accused you of preferential treatment, our attorneys can help you defend yourself. We can assist you with preparing and filing a motion to avoid the transfer and arguing your case in court.
  • Objections To and Defense of Discharge: Before obligations can be discharged, both parties in these cases need to go through a process to meet specific standards. We are experienced on both sides of this process. If a creditor objects to a debtor’s discharge, our attorneys can help the debtor define the discharge and argue for their right to a fresh start. We can also help creditors navigate the legal landscape to present a proper objection to discharge.
  • Bank Examination Representation: Our attorneys will work closely with you before, during, and following an examination to ensure that your institution follows all regulations and to minimize any potential penalties.
  • Strategic Planning: Our attorneys will work with you to develop a comprehensive strategy that considers the unique challenges and opportunities for your institution.
  • Loan Underwriting Review: Our attorneys have the expertise to review and advise on the loan underwriting processes to ensure compliance and minimize risk.
  • Loan Documents Preparation and Negotiation: Our attorneys have significant experience in the preparation and negotiation of loan documents.
  • Loan Sales: SWK can assist you in the sales of performing and non-performing loans, and help you navigate the legal and regulatory requirements of the transaction.
  • Borrower Turnaround Assistance: We understand that can arise with borrowers. Our banking attorneys can help you navigate these challenges and develop solutions to get your borrowers back on track.

Business Transactions

Our Business Transactions practice is focused on helping entities of all shapes and sizes, along with their owners, to navigate the legal landscape. We provide a broad range of services, including contract drafting and negotiation, corporate governance, and dispute resolution.

  • Asset Protection: Asset Protection is a critical aspect of financial planning, especially for business owners and high net worth individuals. Our attorneys can help you identify potential threats to your assets and develop strategies to protect them.
  • Entity Formation and Organization: Our attorneys can help you structure your business in a way that best protects your assets and maximizes your growth potential. We can advise you on the pros and cons of different entity types, and help you form the right entity for your business.
  • Strategic Planning: We assist businesses of all shapes and sizes in creating long-term plans, including identifying and mitigating potential legal risks.
  • Contracts: Our attorneys draft, review, and negotiate contracts to ensure that they protect your interests and comply with relevant laws.
  • Mergers and Acquisitions: Our attorneys provide legal support throughout the entire M&A process, including due diligence, negotiation, and closing.
  • Private Placements and Equity Financing: We will ensure your private placement memorandum meets the requirements of various regulatory agencies. We also have a comprehensive list of potential investors. When appropriate and fully disclosed, we can make those introductions to help bring your endeavor to fruition.

Complex Commercial Litigation

Our Complex Commercial Litigation practice has a dedicated team of highly skilled litigators specializing in complex commercial litigation and representing our business clients in a broad array of commercial disputes across a wide range of industries. Our clients rely on our judgment and legal acumen in their most complicated and business-critical matters. This combination of adept advocacy, top-tier legal analysis, and creative business strategies help our clients achieve solutions that minimize exposure, are cost-effective, regardless of the size of the matter, and are in line with their business goals.

  • General Business Litigation: This can include breach of contract issues like the failure to pay or deliver goods or services or matters involving commercial transactions, fraud, breaches of fiduciary duty, ERISA, commercial or residential real estate, or intellectual property disputes. Our attorneys can advise you of hidden pitfalls and present the optimal legal strategy.
  • Shareholder/Parternership Disputes: We carefully assess and advise our clients on their rights and options under the law, devising strategic plans to efficiently resolve the disputes, whether they cover company management, financial issues, or breaches of fiduciary duty.
  • Foreclosure and Foreclosure Defense: Our attorneys are first in class in handling any foreclosure matters, from both the debtor and creditor sides, having represented both institutions and private parties alike.
  • Note and Guaranty Defense: We closely understand the complex nature of these cases and work tirelessly to protect our clients from judgments.

Real Estate Transactions

Our Real Estate Transactions practice provides clients with practical and effective solutions to their real estate needs. Our attorneys represent buyers, sellers, landlords, tenants, builders, property managers, developers and investors, including with purchase and sale agreements, leases, zoning and land use issues.

  • Our attorneys work with buyers, sellers, landlords, tenants, builders, property managers, developers, investors, condominium associations, contractors, borrowers, lenders and other real estate professionals in commercial and residential real estate transactions.
  • We also have extensive experience working with clients in negotiating and documenting settlements with lenders, governmental agencies, and landlords in various distressed real estate situations.
  • Assist clients with obtaining public incentives such as tax credits, recovery grants or tax increment financing or re-zoning of property.

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