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Banking Litigation

Contact a Banking Litigation Attorney


Stoll Keenon Ogden’s Banking Litigation practice offers vigorous representation concerning disputes between and among lenders and borrowers. Our attorneys counsel clients at every stage of a lending related dispute, from settlement negotiations through the appellate process. We work as a team to resolve business credit disputes in as efficiently as possible and litigate them when a settlement isn’t realistic.  We also advise our clients on documenting lending transactions to minimize the risk of litigation.

Our scope of litigation services includes:

  • Commercial foreclosures
  • Lender liability claims such as breach of contract, breach of fiduciary duty, fraud, negligence, bad faith, tortious interference and duress
  • Lien priority and collateral disputes
  • Loan participation and inter-creditor disputes
  • Regulatory compliance, including defense of statutory claims
Benchmark Litigation Kentucky State Firm of the Year 2018

Work Highlights

Complex Litigation of Superfund Cleanup Site

Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).

Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.

Lender Liability Defense

Represented a Kentucky community bank in defense of a borrower’s claims related to his investment with another borrower. The bank won summary judgment on all claims.

Related Practices: Banking, Banking Litigation

Lender Liability Defense/Chapter 11 Bankruptcy

Obtained summary judgment from an Indiana federal court dismissing a lender liability action against a major regional bank and obtained dismissal of the borrower’s Chapter 11.

Related Practices: Banking, Banking Litigation

Commercial Foreclosure

Represented major regional banks and community banks in foreclosures of office buildings, shopping centers, golf courses, subdivision property, multi-family residential properties, warehouses, manufacturing facilities and others.

Contaminated Collateral

Successfully represented local lender regarding a defaulted loan secured by collateral that was contaminated and subsequently un-archived as a Superfund site.

Civil Money Penalty Defense

Representation of officers and directors of financial institutions in civil money penalty proceedings before the Office of the Comptroller of the Currency.

Industry Involvement

Kentucky Bankers Association