In a perfect world, loans would be performing, profits would be shared, and risk of loss would be low. But we live in the real world.
Loan participations can be a favorable arrangement to both lead banks and participants. However promising participation loans can easily become problem loans and then the lead bank and participant bank could find themselves involved in litigation against each other. That litigation can put a strain on the lead bank’s resources at a time when both parties should be sharing the resources for loss mitigation. To avoid protracted litigation later, a bank should give close consideration to the language of the participation agreement, which can allocate the risk of participation loans before problems arise.
Charles B. Jimerson founded Jimerson & Cobb, P.A., is the firm’s managing partner and continues to lead its preeminent business litigation practice. He represents various corporations, entrepreneurs, financial institutions, and small- and mid-size businesses in business litigation matters ranging from commercial contract disputes and business torts to real estate, construction, eminent domain, bankruptcy and foreclosure proceedings.
Brandon C. Meadows is an associate with Jimerson & Cobb, P.A. He concentrates his practice in the areas of commercial litigation, financial services litigation, real property litigation, business torts and creditors’ rights.
Agenda
Faculty
Charles B. Jimerson, Esq.
Jimerson Birr, P.A.
- Founded Jimerson Birr, P.A. and is the firm’s managing shareholder and a practice group leader for several areas of emphasis of the firm
- Represents various businesses of all sizes as their go-to counsel for all legal matters, both in court and out of court; leads teams of lawyers focusing in business litigation, construction law, financial services law, corporate transactions and operations, and eminent domain law
- Has significant experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial
- J.D. degree, Levin College of Law, The University of Florida; former United States Air Force active-duty combat meteorologist
- Can be contacted at [email protected] or www.jimersonfirm.com
Brandon C. Meadows, Esq.
Jimerson Birr, P.A.
- Attorney with Jimerson Birr
- Main area of practice is in real property litigation, commercial litigation, financial services litigation, business torts and creditors' rights, representing lenders, business owners and commercial creditors throughout the State of Florida and the Southeastern United States
- Currently represents regional and community lenders and financial institutions in matters ranging from complex loan workouts and commercial collections to lender liability disputes and loan participation issues
- Regular contributor and blog writer at Lexology (www.lexology.com) and Jimerson Birr(http://www.jimersonfirm.com/blog/category/florida-business-litigation)
- Currently licensed to practice law in the State of Florida, and admitted in all federal district courts in Florida
- A member of and/or has volunteered and served various associations, committees, and professional and trade organizations, including but not limited to: The Florida Bar (Business Law Section); The Jacksonville Bar Association; The University of Florida, Law Alumni Council; The Jacksonville Chamber of Commerce; Chester Bedell Inn of Court
- J.D. degree, University of Florida Levin College of Law, where he served as executive editor of the Florida Journal of Law and Public Policy, and as president of the University of Florida Trial Team
- Can be contacted at 904-389-0050 or [email protected] and website is http://www.jimersonfirm.com/attorneys/brandon-c-meadows/
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