Industries

Banking & Financial Services

The Rhode Island lawyers at Bilodeau Capalbo, LLC understand the business of banking, the complexities of commercial finance, and the importance of creditors’ rights. We have extensive experience in corporate finance, commercial and real estate lending, litigation, restructuring and bankruptcy deliver to clients the lessons learned from hundreds of financial transactions and matters, representing millions of dollars.

We serve large financial institutions, as well as domestic commercial banks and local community banks. Our banking clients draw upon the diversity and depth provided by a full-service law firm.

Industry Expertise

Bilodeau Capalbo, LLC’s lawyers are familiar with banking and financial transactions in a variety of industries, including:

• Commercial real estate: retail, office, industrial, land, and mixed-use development
• Hospitality: hotels, resorts, restaurants, golf courses, entertainment complexes
• Multifamily properties and residential communities
• Manufacturing
• Equipment leasing
• Sports
• Construction and building materials
• Beverage alcohol, breweries, wineries

Commercial, Corporate, & Real Estate Finance

• Purchases and sales of businesses, including mergers
• Commercial and real estate secured, and securitized financing
• Asset-based lending
• Leasing
• Sales and purchases of loan and lease portfolios
• Construction finance
• Project finance
• Mezzanine debt
• Note sales
• Loan participations
• Preferred equity
• A/B note structures

Equipment Leasing & Financing

Bilodeau Capalbo, LLC represents lessors and lessees, banks, other lenders, intermediaries, and equipment managers in a broad range of equipment leasing and financing transactions, for clients across a range of assets including transportation equipment, intermodal shipping containers, trucks, chassis, construction, energy, healthcare, telecommunications, and technological equipment. In addition to advising on the structuring and documentation of the transaction, Bilodeau Capalbo, LLC’s Rhode Island attorneys are well-known for equipment recovery, UCC Article 9 sales, workouts, restructurings, and bankruptcy.

• Representative types of transactions include:
• Operating leases
• Capital and finance leases
• Synthetic leases
• Single investor leases
• Leveraged leases
• Sale leasebacks
• Equipment portfolio acquisitions and dispositions
• Syndications
• Equipment management transactions
• Lease terminations
• Bankruptcy, workouts and restructurings

Distressed Assets & Real Estate

Bilodeau Capalbo, LLC’s lawyers act quickly to increase cash flow and preserve the value of the distressed asset, and know how to position our clients for the best possible outcome. We have handled note acquisitions, bankruptcy & receivership sales, completion and sale of distressed condominium projects, office buildings and hotels. We have experience with a full range of loans in a restructuring, workout, receivership or bankruptcy context. Bilodeau Capalbo, LLC’s Rhode Island lawyers have deep experience in dealing with troubled assets when they are “special” assets.

Bankruptcy, Receiverships, Insolvency, & Restructuring

Bilodeau Capalbo, LLC’s Rhode Island bankruptcy attorneys are well known to the courts, counsel and experts in this tightly woven legal community. Whether a deal is in the process of being put together or is in danger of falling apart, we are ready at a moment’s notice.

• Receiverships, workouts, restructures, bankruptcy and foreclosures
• Pre-petition planning
• Buying and selling assets in bankruptcy
• Forensic investigations involving financial fraud, and embezzlement
• Preferences and fraudulent transfer actions
• Relief from automatic stay
• Judicial foreclosure sales
• Restructuring distressed real estate loans
• Out-of-court workouts: restructuring real estate loans, commercial loans and investments
• Maximizing relief in bankruptcy court:
  • Buying and selling assets in Bankruptcy Court
  • Intellectual property sales and licenses
  • Executory contracts
  • Evaluating the bankruptcy implications of business and real estate transactions
  • Leases in bankruptcy
  • Relief from the automatic stay
  • Negotiating, preparing and confirming plans of reorganization
  • Negotiating, preparing and confirming creditors’ plans in Chapter 11 cases
  • Cash collateral orders for debtors and creditors
  • Debtor-in-possession financing for debtors and creditors
  • Preference actions
  • Fraudulent transfer actions
  • Proofs of claim; objections to claims
  • Trustees; creditors’ committees; estate administrators

Litigation

When litigation is the best strategy for achieving your goal, we have seasoned trial lawyers.

We have achieved numerous successes for clients when litigating in Federal, State and Bankruptcy Courts and in arbitrations. We are effective at prosecuting collection, receivership and foreclosure actions on behalf of financial institutions and defending actions for lender liability, mortgage fraud and consumer fraud. We are adept at analyzing large volumes of financial data and identifying critical issues.

We have prosecuted or defended a wide range of actions involving financial institutions including:

• Prosecution of collection actions including prejudgment remedies of attachment, possession and receiverships
• Mortgage related issues including defense of allegations of fraud and negligent underwriting
• Lender liability defense
• Defense of fraud and misrepresentation actions, including inaccurate disclosure of financial information
• Defense of employment related claims for discrimination, wrongful termination, and wage and hour cases
• Environmental and land use issues in connection with REO properties
• Prosecuting and defending actions for fraudulent transfers

Real Estate & Land Use

• Purchase and sale transactions
• Leasing issues including headquarters leases, ground leases and leases in the context of a merger, company roll-outs and roll-backs
• Real estate loan foreclosure issues
• Fair market rental arbitration
• Tenant passthroughs, common area charges
• Real estate litigation

Trust Administration & Litigation

We represent trustees, estate executors and administrators in both probate proceedings and trust and estate administration. We advise trustees in a wide range of matters and issues including:

• Allocation of assets among trusts
• Distributions to beneficiaries
• Accountings to beneficiaries
• Modification of irrevocable trusts
• Interpretation of trust provisions
• Environmental issues
• Determining community and separate property
• Trustee removal
• Settlement of claims against trustees
• Trustee compensation

We also offer extensive experience in trust litigation and dispute resolution. Most disputes are resolved without litigation through negotiated settlements; however, when necessary, we have a formidable litigation capacity.

• Claims for breach of fiduciary duty and duty of loyalty
• Investment claims
• Beneficiary disputes, contested heirship, pretermitted and adopted heirs
• Charitable pledge disputes
• Disputed creditor claims
• Judicial construction and modification of wills and trusts
• Will and trust contests, will and trust validity
• Capacity, undue influence, elder abuse, contested powers of attorney
• Contested accountings and fraudulent transfers
• Partition actions, spousal right of election
• Wrongful death recovery
• Conservatorships and guardianship

Employment Law

Our labor and employment lawyers counsel employers on workplace issues with an emphasis on reductions in force, discrimination, harassment, and wage and hour disputes as well as trade secrets and unfair competition matters. We work with employers to establish policies that reduce job-related lawsuits and address problems in the workplace. When litigation is necessary, we are aggressive and effective advocates.

Commitment to Advocacy

Bilodeau Capalbo, LLC is at the forefront in representing banks in complex financing deals, troublesome enforcement proceedings, and critical litigation. We can help you solve your problems, take advantage of opportunities, and get your deals done right.

When you need the experience that comes from hundreds of deals representing millions of dollars, and a nimble, cost-effective legal team, please call on us at 401-300-4055 or contact us online.