KCR has won cases against lenders found to have exercised excessive control over a borrower’s affairs, engaged in inequitable or fraudulent conduct and engaged in conduct proscribed by applicable federal or state laws. Through KCR’s efforts, lenders have been held liable to borrowers or third parties for damages or penalties, equitable subordination of the lender’s claims and avoidance of the lenders’ claims in their entirety.
Busy Bee, Inc. v. Wachovia Bank, NA
Recovered a $24 million judgment, including a $7 million punitive damage award, against a national bank on lender-liability claims for breach of contract, breach of fiduciary duty, and misrepresentation.
O’Neill v. Citizens Bank, NA
KCR represented a developer in an eight-figure dispute with its lender that threatened to derail a multi-million dollar development and put the developer out of business. The dispute was resolved, the development was completed and the developer remains in business.