Financial Institution Litigation

Experience

  • Financial Institution Litigation

    Defense of a financial institution for lending practices resulting from the alleged misuse of collateral owned by a third party and claims for damages of $1.5 MM resulting in a summary judgment that the

  • Energy + Banking Representation

    Represented an individual in a dispute with her limited partners and lenders over the obligations of the other limited partners to meet their financial obligations for the debts and banking obligations

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Overview

Munsch Hardt’s Financial Litigation practice, together with the Firm’s Finance, Fraud and Bankruptcy practices, provides one of the most comprehensive representations of the financial services industry in the Southwest. Our vast experience enables us to deliver innovative and effective results for our clients, such as local, regional, national and international banks and financial institutions, mortgage companies, credit card companies, special servicers, credit unions and securities brokers. 

With experience in an array of legal disputes, our team aggressively defends clients confronted with the following types of controversies:

  • Accounting fraud
  • False disclosures
  • Actuarial impropriety 
  • Failure to disclose material information
  • Bank fraud
  • Governmental (federal and state) investigations
  • Bankruptcy matters 
  • Insider trading claims
  • Breach of fiduciary duty
  • Labor and employment disputes
  • Breach of privacy
  • Lender liability
  • Broker-dealer, investment advisor & securities disputes
  • Merger and acquisition disputes
  • Churning
  • Officer and director liability
  • Claims arising out of bank failures
  • Recordkeeping inadequacies
  • Class actions
  • Regulatory issues
  • Commercial mortgage-backed securitizations
  • Usury claims
  • Distressed loans
  • Wrongful foreclosures

Munsch Hardt’s Financial Litigation practice aggressively prosecutes claims on behalf of lenders to recover past due or defaulted loan obligations, obtain possession of collateral, protect assets serving as collateral and to collect final judgments.

Another significant aspect of our practice involves representing clients in bankruptcy courts throughout the United States as secured and unsecured creditors. We serve as counsel for committees of secured and unsecured creditors, which often include banks and other financial institutions, and work to represent lenders with loan workouts, debtors in possession, financing, bankruptcy protection planning and debtor bankruptcies. We also represent institutions serving as trustees for bonds and other debt instruments when the users or borrowers have defaulted and sought protection under bankruptcy laws.

In addition, members of our practice are adept at litigating distressed real estate loans, frequently representing lenders in foreclosure actions, obtaining the appointment of receivers to manage troubled real estate projects and bringing suit against developers personally, where appropriate, in order to enforce the terms of the loans at hand.

Munsch Hardt helps resolve issues involving investment clients and current or former employees, with an emphasis on disputes involving broker-dealers, registered representatives, investment advisors and financial planners.  Whether representing companies or individuals in state, federal and appellate courts throughout Texas or arbitrations across the country, Munsch Hardt attorneys address customer initiated claims before FINRA, DSAD, NYSE, AMEX, and NFA. We efficiently address industry disputes, such as claims as securities fraud, churning, suitability, misrepresentation and failure to supervise. Our attorneys represent clients in investigations and enforcement actions brought by all security regulators, including: 

  • Commodity Futures Trading Commission (CFTC)
  • U.S. Department of Justice (DOJ)
  • Financial Industry Regulatory Authority (FINRA)
  • Texas Attorney General 
  • New York Stock Exchange (NYSE)
  • Texas Securities Regulators (TSSB)
  • Securities and Exchange Commission (SEC)
 

Our team is also experienced in defending a wide variety of statutory and regulatory claims, including:

  • Electronic Funds Transfer Act (EFTA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Equal Credit Opportunity Act (ECOA)
  • Truth-in-Lending Act (TILA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Housing Act (FHA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Telephone Consumer Protection Act (TCPA)
  • Home Ownership and Equity Protection Act (HOEPA)