Ranked in 1 Practice Areas
2

Band 2

Banking & Finance

West Virginia

4 Years Ranked

About

Provided by Julia A Chincheck

USA

Work Highlights

•Assisted in the drafting and review of local changes to Article 9 of the Uniform Commercial Code

•Former contributing author to the American Bankruptcy Institute’s Health Care Insolvency Manual

•Adjunct Professor, West Virginia University College of Law, Payment Systems, 2008-2013

•Frequent lecturer on bankruptcy law, creditors’ rights and the Uniform Commercial Code

•Authored numerous publications on bankruptcy and commercial law issues

•Authored The Effects of West Virginia’s Bankruptcy Exemption Statute on Resident Debtors, 86 West Virginia Law Review 227, 1983 (This article was cited in Sheehan v. Morehead, et al., 283 F.3d 199 (4th Cir. 2001)

Practice Areas

Julie Chincheck concentrates her practice on creditors’ rights and bankruptcy law, financial services litigation and commercial and banking law.

Julie possesses a deep understanding of bankruptcy principles and law. She has been the responsible attorney for litigation matters and transactions relating to all types of bankruptcy and insolvency issues, both from a commercial and a consumer perspective. She served as co-counsel on West Virginia’s first Chapter 9 municipality bankruptcy. While she has most recently focused her practice on creditor and trustee representation, throughout her career she has represented creditors, debtors, trustees and official committees in a broad range of bankruptcy, reorganization and workout matters, including related litigation and business transactions, and buyers in connection with sales arising out of bankruptcy cases.

Outside of the courtroom, Julie regularly advises clients regarding pre-bankruptcy matters, as well as the benefits and burdens of a bankruptcy filing, whether the client is considering a bankruptcy filing or evaluating defensive positions in the event of a filing.

In addition to bankruptcy, Julie’s litigation practice is focused on creditors’ rights and commercial disputes, in which she represents banks and financial institutions, corporate entities, business owners and individuals. Recent cases involve claims of tortious interference, lender liability, bank officer wrongdoing, West Virginia Consumer Credit and Protection Act violations, judgment enforcement, mechanics’ lien perfection and enforcement, and lien priority disputes and enforcement.

Julie routinely handles commercial loan transactions and out-of-court workouts for banking and business clients. Julie's experience includes asset-based facilities, working capital facilities, floor plan financing, participating agreements and other finance projects. Clients also rely on her to review and negotiate their commercial contracts, including banking clients’ contracts with numerous national service providers.

Experience

•Successful representation of a major Virginia bank seeking payment for losses stemming from loans backed by forged collateral under a financial institution bond issued by a major insurance company.

•Successful representation of a former bank director and officer in litigation brought by the Federal Deposit Insurance Corporation.

•Successful representation of banks in lender liability cases in state and federal courts.

•Successful representation of a West Virginia bank in RICO and fraud litigation in state court.

•Successful representation of West Virginia banks in cases alleging violations of the West Virginia Consumer Credit and Protection Act.

•Defense of a major West Virginia bank in an action involving numerous purchasers in a failed land development alleging breach of contract, negligence, joint venture, conspiracy and agency, negligent misrepresentation and punitive damages

•Successful resolution on behalf of a major West Virginia bank seeking insurance coverage for losses sustained as a result of a bank customer's fraudulent activity

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