Bankruptcy



The firm’s bankruptcy practice focuses primarily on the representation of creditors before the United States Bankruptcy Courts for the Eastern District of Virginia, the Western District of Virginia, the District of Maryland and the District of Columbia. Representation includes appearances on behalf of both secured and unsecured creditors with respect to claims issues, confirmation matters, adversary proceedings and Motions for Relief from the 11 U.S.C. Sections 362(a) and 1301 (Automatic Stay). Although most of the matters handled relate to Automatic Stay litigation, the firm also has substantial experience in other matters, such as:
The preparation of proofs of claim.
The representation of secured creditors in more protracted Chapter 11 litigation with respect to pre-confirmation and post-confirmation matters.
The representation of secured creditors with respect to attempts by the Debtor to modify a security interest by the use of “cram-down” or “lien stripping” provisions in Chapter 11 or Chapter 13 Plans.
The representation of secured creditors in defense of efforts by Trustees and Debtors-in-Possession to sell property free and clear of pre-existing liens.
The prosecution of Complaints to Determine the Dischargeability of a Debt under 11 U.S.C. Section 523(a).
The prosecution of Complaints Objecting to the Granting of a Discharge under 11 U.S.C. Section 727.
The review of and, where appropriate, objection to Chapter 13 plan payments.
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Attorneys concentrating in the bankruptcy practice area:
Richard A. Lash
Barry K. Bedford
David A. Rosen
Pooya Tavakol

Commercial Litigation



The firm’s commercial litigation practice area represents clients in state and federal courts of Virginia, Maryland and the District of Columbia. Attorneys practicing in the commercial litigation area have the knowledge and litigation experience necessary for the effective handling of disputes on behalf of banks, mortgage servicers, title insurance companies, businesses and individuals. Our lawyers have a significant number of years of experience in persuasively advocating on behalf of our clients in the following types of cases:
Bankruptcy
Breach of contract
Breach of fiduciary duty
Collections
Constitutional law
Constructive trusts
Corporate dissolutions (minority shareholder suits)
Creditor’s rights
Financial institutions
Fraud and embezzlement
Interpleader suits
Landlord and tenant
Mechanics liens
Principal and agent
Specific performance
Trusts and estates
Will contests
“Veil Piercing” litigation
The firm’s commercial litigation department also participates with the firm’s bankruptcy and foreclosure departments in related proceedings, such as injunction suits, suits to obtain post-foreclosure sale possession, partition suits, interpleader suits, and litigation concerning the enforceability of the deed of trust, e.g., truth in lending.
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Attorneys concentrating in the commercial litigation practice area:
Richard A. Lash
Barry K. Bedford
Robert E. Kelly
David A. Rosen
Pooya Tavakol

Commercial Transactions



BHL is intimately familiar with the lending industry. Consequently our lawyers possess the legal experience and skills to offer counsel with respect to a wide variety of issues relating to sophisticated commercial transactions, including the purchase and sale of business enterprises of all types and commercial real estate. This involves the application of expertise to the drafting of commercial instruments such as Lending / Credit Agreements, Purchase Agreements and/or Lease agreements. BHL is involved from negotiating the term sheet to drafting sale documents for both public and private companies.
BHL offers the ability to offer counsel regarding the financing of such transactions from a business perspective as well as a legal one. BHL has a well-established expertise with respect to Virginia, Maryland and the District of Columbia’s adoption of the Uniform Commercial Code and its application to commercial transactions of varying complexity. BHL has counseled major financial institutions, large law firms and the U.S. Government on commercial law and finance as well as drafted commercial instruments in certain instances. BHL’s attorneys routinely publish, speak at seminars and teach courses on cutting-edge commercial law developments.
In the area of Lender Representation, BHL’s attorneys have significant experience in representing loan originating lenders which includes the following:
Preparation of Closing Item Checklist
Review of Purchase Agreements and/or Leases
Review of business entity formation and governing documents
Review of status of business entities
Review of title abstract
Review of title insurance commitment, including instructing title company of changes required by lender
Review of survey for survey issues (both ALTA surveys and standard location surveys)
Review of Phase I Environmental Reports
Review of Miscellaneous Studies including archeological studies, impact studies and historical studies
Review of bonds and surety agreements
Review of project budgets
Preparation of Loan Documents including Notes, Assignments of Plans and Specifications, Assignments of Rents and Leases, Deeds of Trust, Security Agreements, Financing Statements, Payment Guaranties, Completion Guaranties, Environmental Indemnification Agreements, and various affidavits, certificates and miscellaneous closing documents
Preparation of Loan Closing Instructions to title companies or closing attorneys
Preparation of Closing Binders including copies of all final documentation

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Attorneys concentrating in the commercial transactions practice area:
Richard A. Lash
Barry K. Bedford
David A. Rosen
Leonard W. Harrington, Jr.
Robert E. Kelly

Evictions



The firm has extensive experience in obtaining possession of real property in Maryland, Virginia and the District of Columbia, principally in relation to completed foreclosures. The firm also represents landlords and property owners in nonpayment disputes, violations of lease and voluntary surrender of possession negotiations.
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Attorneys concentrating in the evictions practice area:
Richard A. Lash
Barry K. Bedford
David A. Rosen

Foreclosure



The firm has provided foreclosure representation in Virginia since 1975, in Maryland since 1984 and in the District of Columbia since 1986. The firm is Freddie Mac Designated Counsel in Maryland.
The firm’s multi-state practice provides efficient and cost-effective legal representation when a foreclosure or bankruptcy case involves multi-state issues. In order to provide enhanced service, the firm is a subscriber to Vendorscape, Lenstar, Alltel, Quandis, New Invoice and IClear.
The foreclosure department has been very active in assisting our lender/servicer clients in implementing loss mitigation techniques as a component of default servicing strategy, including loan modifications, deeds-in-lieu, forbearance agreements and tenant lease-backs.
In our foreclosure representation, the firm strictly adheres to the fiduciary duties and responsibilities the Trustees owe to both the noteholder and the borrower.
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Attorneys concentrating in the foreclosure practice area:
Richard A. Lash
Leonard W. Harrington, Jr.
Robert E. Kelly

General Business Law



The firm’s business law practice represents clients in Virginia, Maryland and the District of Columbia. Our attorneys advise clients on which type of business entity best meets the client’s needs. We then prepare the documents necessary to establish the entity, govern the operations of the entity and assist the client in launching the business entity. For established business entities, the firm provides general legal services and advice, litigation services, assistance with contract negotiation and review and general counsel services.
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Attorneys concentrating in the general business law practice area:
Richard A. Lash
Barry K. Bedford
David A. Rosen

Probate and Trusts



The firm’s probate and trusts practice represents clients in Virginia, Maryland and the District of Columbia. Our attorneys advise and assist clients with respect to estate and trust administration as well as preparation of various types of trust documents. Our attorneys will first consult with the client, determine the client’s needs and plan a strategy with the client for meeting the client’s objectives.
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Attorneys concentrating in the probate and trusts practice area:
Richard A. Lash
David A. Rosen

Real Estate



The firm’s real estate practice is equipped to handle almost any real estate matter in Virginia, Maryland or the District of Columbia. Attorneys practicing real estate law have extensive experience representing lenders, sellers and purchasers. Our lawyers are prepared to provide services to clients in each of the following areas:
Acquisition and development financing
Boundary disputes
Commercial lease negotiation and preparation
Condemnation
Contract disputes
Contract negotiation
Homeowner Association representation
Land planning
Landlord-Tenant disputes
Loan document preparation
Loan modifications
Loan workout negotiation
Mechanic’s lien defense
Preparation of Condominium and Homeowner Association documents (Virginia only)
The firm’s real estate department often works closely with the firm’s foreclosure and litigation departments in related proceedings.
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Attorneys concentrating in the real estate practice area:
Richard A. Lash
Barry K. Bedford
Leonard W. Harrington, Jr.
David A. Rosen
Kathleen D. Lash

Residential Settlements



The firm’s extensive experience in residential settlements permits BHL to handle settlements in Virginia, Maryland or the District of Columbia with confidence for our clients. Our lawyers are prepared to provide services to clients in each of the following areas:
Title examination to ensure all liens, mortgages, judgments, and other encumbrances are properly addressed prior to settlement.
Title clearing where necessary to remove encumbrances on title
Acting as title insurance agent to ensure proper issuance of title insurance pursuant to required licenses held by BHL attorneys in all three jurisdictions
Providing escrow services to ensure all monies in the transaction are properly distributed (Commercial and Residential)
Settlement document preparation (deed, HUD-1 Settlement Statement and other settlement documents)
Seller representation in REO closings
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Attorneys concentrating in the residential settlements practice area:
Richard A. Lash
Barry K. Bedford
Leonard W. Harrington, Jr.
David A. Rosen

CFPB Compliance



BHL has been on the forefront of monitoring regulatory issues concerning the Bureau of Consumer Financial Protection (“CFPB” ). The CFPB, a Federal agency created pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, began operation on July 21, 2011. The CFPB has been given authority to make rules, supervise and enforce rules with regards to all Federal consumer financial laws.
The firm has broad experience in the Federal regulatory area and has been tracking the CFPB’s actions since its inception. BHL has analyzed the CFPB’s proposed rules and filed comments in several CFPB rulemaking proceedings to address the breadth and scope of the CFPB’s proposed rules. BHL is available to respond to questions raised by all of the CFPB’s Rules, whether proposed or adopted. We also can assist in determining how these rule changes may affect your business and in ensuring that your business is compliant with these new rules. For further information, please contact BHL.
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Attorneys concentrating in the CFPB Compliance practice area:
Richard A. Lash
Robert E. Kelly