1. INTRODUCTION
Founded in 1852, Miller, Canfield, Paddock and Stone, P.L.C. ["Miller Canfield"] is the longest established law firm in the state of Michigan. From the very beginning of our over 150 years of practice, a cornerstone of our firm has been full service representation of banks and other financial institutions. We are proud to serve as both counsel to Michigan and Indiana financial institutions, and Midwest counsel to national financial institutions. The result of this broad client base is that we have a unique ability to sense and serve the needs of our financial institution clients in a cost-efficient manner.
We are also one of the largest law firms in the state of Michigan, with six full service offices covering the Michigan and northern Indiana financial markets in their entirety. We also maintain offices in Toronto and Windsor, Ontario, to provide advice regarding cross-border financing transactions. The result of this extensive market coverage is that we can effectively provide services to all branches of our clients throughout Michigan and Indiana, represent our financial institution clients in all courts throughout both states, and appropriately staff banking litigation whether large or small. In general, most financing and collection matters require minimal staffing, and we strive to staff matters based upon both the size and complexity of the transaction.
2. WEST MICHIGAN AND MICHIANA FINANCIAL INSTITUTIONS GROUP
Like many firms, Miller Canfield is organized on a practice group system. Unlike many practice groups, the West Michigan and Michiana Financial Institutions Group [the "Financial Institutions Group"] is an inter-disciplinary group, made up of a number of representatives of Miller Canfield's Groups. The Financial Institutions Group was formed to combine the talents of our attorneys with substantial experience in representing banks and other financial institutions in all aspects of their business, and is roughly divided between attorneys with expertise in matters related to lending, documentation, regulatory matters and acquisitions, and other attorneys with substantial experience in workouts, bankruptcy and banking litigation. We serve as general counsel for several financial institutions. Miller Canfield is an affiliate member of the Risk Management Association (formerly known as the Robert Morris Associates), and our members regularly speak to financial institution trade groups or author articles about matters of interest to financial institutions. Since many banking transactions may involve both lending and litigation aspects, the benefits of the shared experience from our Financial Institutions Group results in a prompt response to your concerns at lower cost.
We serve all of western Michigan, northern Indiana, and our financial institution clients in the upper peninsula of Michigan through our offices in Kalamazoo, Grand Rapids and Lansing. Our Kalamazoo office is only a short distance from most courts in northern Indiana. Our computer system allows us to immediately transfer loan documents or pleadings throughout both states. The banking lawyer of your choice no longer must be located in your building or city.
A. Lending, Documentation and Other Business Services
The Financial Institution Group's lending attorneys provide full service representation to our financial institution clients in all areas of their business including lending, real estate, and loan workouts. Our attorneys have drafted complete loan documentation form packages for commercial lenders, and have broad experience in construction, agricultural, health care, SBA and other specialty loans. We have prepared environmental lending policies for several financial institutions, and are familiar with all aspects of lender environmental liability. Our attorneys also provide advice regarding equipment and bond financing through public and quasi-public entities.
The expertise of the Financial Institution Group's attorneys goes beyond financing, and includes general corporate matters, the organization of bank holding companies and non-bank subsidiaries, and the formation of non-traditional financing entities such as industrial development companies. We provide regulatory advice regarding examinations, responses to agency enforcement actions and various compliance matters. Our group members also provide advice regarding trust and operations matters.
Four attorneys from our Financial Institutions Group were employed by financial institutions as loan officers or credit analysts before attending law school. We believe that this practical experience gives us an insight into your industry which other attorneys may lack. With this experience, we can offer business strategies and alternatives to you that will result in lower legal costs to both you and your borrowers.
B. Workout, Bankruptcy and Bank Litigation
The trial attorneys of the Financial Institutions Group practice in both Indiana and Michigan, and have a broad range of experience in commercial collections in virtually every industry area, including retail, manufacturing, health care, e-commerce, entertainment and automotive. The novelty of your borrower's business will not be a problem, since our attorneys have represented banks in foreclosures relating to amusement parks, golf courses, marinas, floor plan financing, trade names and entire cable systems. Through our experience, we also have the professional contacts necessary to help to resell these assets after they have been voluntarily returned to you, or have been seized pursuant to a claim and delivery or replevin action.
Our firm performs mortgage foreclosures by court action in both Michigan and Indiana, and by advertisement as permitted by Michigan statute. We also have experience in obtaining the appointment of a receiver at the beginning of any foreclosure if necessary.
Most importantly, our trial lawyers are sufficiently grounded in both trial practice and bankruptcy law so that the filing of a bankruptcy petition by a borrower does not cause your case to come to a screeching halt while the file is passed to specialty counsel. Virtually all of our financial institution trial lawyers are cross-trained for state, Federal court or bankruptcy court representation in both Indiana and Michigan. The members of our group have significant experience with lender liability claims, and can suggest workout and bankruptcy strategies in an attempt to minimize these claims.
C. Members of the Financial Institutions Group.
The following is a listing of the members of the Financial Institutions Group, together with a description of their areas of specialization and the states where they are admitted to practice. You may click on a name to review individual resumes.
Danielle M. Anderson
Kalamazoo
Andersond@millercanfield.com
269-383-5880
Bankruptcy and banking litigation (admitted to practice in Michigan and Massachusetts.)
John R. Cook
Kalamazoo
Cook@millercanfield.com
269-383-5832
Commercial and real estate loan documentation and negotiation, workouts, drafting of complete loan documentation form packages for commercial lenders, construction lending, agricultural loans, SBA loans, aircraft loans, lender environmental liability, and preparation of environmental lending policies. Also, consumer lending, regulatory, securities law and bank general counsel matters (admitted to practice in Michigan).
Richard A. Gaffin
Grand Rapids
Gaffin@millercanfield.com
616-776-6305
Primarily litigation. Commercial loan and real estate foreclosures and other proceedings necessary for the repossession of collateral. Intellectual property litigation. Assist and advise on workout negotiations (admitted to practice in Michigan).
Lori L. Purkey
Kalamazoo
Purkey@millercanfield.com
269-383-5847
Primarily bankruptcy and commercial litigation. Bankruptcy representation in all chapters of the Bankruptcy Code; relief from stay, cash collateral and plan negotiations, preference and fraudulent conveyance litigation, real estate foreclosures and other proceedings necessary for the repossession of collateral and the collection of outstanding consumer and commercial loans. Workout negotiations (admitted to practice in Michigan and Indiana).
Steven M. Stankewicz
Kalamazoo
Stankewicz@millercanfield.com
269-383-5872
Complex real estate matters, commercial and real estate loan documentation and negotiation, real estate sales for financial institutions (admitted to practice in Michigan).
Trent J. Taylor
Grand Rapids
Taylort@millercanfield.com
616-776-6302
Corporate, business, and banking law, including mergers and acquisitions, as well as commercial litigation including business and real estate litigation matters (admitted to practice in Michigan and Indiana).
Thomas H. Van Dis
Kalamazoo
Vandis@millercanfield.com
269-383-5816
Commercial and real estate loan documentation and negotiations, drafting of complete loan documentation form packages for commercial lenders, all aspects of heath care lending, construction lending, agricultural loans, ship mortgages, industrial development revenue bonds, SBA guaranteed loans, SBA Section 504 loans, lender environmental liability, and preparation of environmental lending policies (admitted to practice in Michigan).
James G. Vantine, Jr.
Kalamazoo
Vantine@millercanfield.com
269-383-5846
Banking litigation, workout and bankruptcy representation to Indiana, Michigan and national banks. Significant experience with complex bankruptcy litigation, and state and federal litigation regarding the defense of lender liability claims. Workouts, commercial loan and real estate foreclosures, and litigation regarding the repossession of real and personal property. Corporate control litigation (admitted to practice in Michigan and Indiana).
Robert E.L. Wright
Grand Rapids
Wrightr@millercanfield.com
616-776-6334
Commercial litigation and bankruptcy. Bankruptcy advice in all chapters of the Bankruptcy Code; relief from stay, cash collateral and plan negotiations, and all types of bankruptcy litigation. Commercial loan and real estate foreclosures, workout negotiations and other proceedings necessary for the collection of debt, including repossession of collateral (admitted to practice in Michigan and Florida).
3. OTHER MILLER CANFIELD RESOURCES
As part of Michigan's largest law firm, the Financial Institutions Group can also call upon the resources of other attorneys within Miller Canfield for specialty representation required by our financial institution clients in any of the following areas:
- Benefit and ERISA Matters. Miller Canfield's attorneys have drafted benefit plans used by financial institutions, and also counsel our financial institution clients regarding ERISA matters.
- Bond Counsel. Miller Canfield has the largest and most experienced public finance practice in the state of Michigan. In fact, Miller Canfield has been ranked number one bond counsel in the state for as long as there have been rankings--an achievement we are all proud of. Miller Canfield is also top bond counsel by dollar volume for deals closed in the Midwest for the first half of 2005. Total financing exceeded $3 billion, according to Thomson Financial Securities Data, Inc. We were the only Michigan firm in the top 20 nationally. Our firm also represents financial institutions extending credit to, or through, public and quasi-public entities.
- Environmental. Our attorneys routinely counsel financial institutions as to environmental matters relating to both lending and foreclosure.
- General Litigation . Several financial institutions have chosen Miller Canfield to represent them in construction and zoning matters related to their real properties, as well as the defense of matters arising from premises liability.
- Labor and Employment . Miller Canfield's attorneys routinely represent several of our financial institution clients in labor and employment matters.
- Trusts and Estates . Our estate planning and tax lawyers act as counsel and special counsel to a large number of our financial institutions regarding estate planning, probate and trust litigation matters, as well as issues arising from the bank's status as trustee or personal representative.
Our firm-wide computer network allows attorneys in all of our offices to collaborate through electronic mail and document management systems. We are connected electronically to the computer networks of a number of clients, allowing us to share information and securely draft documents concerning case management information. The expertise of our firm can therefore be focused immediately to serve your needs without geographic barriers.
Miller Canfield is proud of its historic ties within the financial community over the last 150 years, and we thank our many financial institution clients for the trust they have placed in our firm for prompt, confidential and cost-efficient representation.
