EXPERTISE
Equipment Leasing    

CREDITORS RIGHTS AND DEBT COLLECTION

Since its inception in 1979, the firm has focused almost exclusively on the representation of commercial creditors in the financial industries arena. Our years of experience have enabled us to develop our skill and expertise in the specialized field of aggressive creditor representation in all California state, federal and bankruptcy courts. We have honed our skills in the successful employment of a variety of pre-judgment remedies, including writs of attachment, writs of possession, receiverships, injunctions and other such provisional remedies, as well as in post-judgment and collection procedures. The result of our specialization in debt collection matters means the collection of money for our clients.

We have also refined and perfected our motions for summary judgment, which we routinely file in cases involving commercial transactions where the debtor files an Answer to our complaint, denying all liability. Our years of experience and improving our forms and procedures has enabled us to anticipate and successfully overcome the numerous procedural and substantive obstacles frequently asserted by creative defense counsel in summary judgment motions, such that we are successful in over 90% of our cases. This spares our clients the necessity of having to appear in court for a trial to prove up their case, which we find particularly pleases our out-of-state clients.

We have an extremely high track record in the area of post-judgment collections, which is due, in part, to our unique staffing arrangements. Our firm employs in-house investigators and paralegals who, working together with our attorneys, operate as an efficient unit, able to quickly identify and seize or levy upon assets of a judgment debtor immediately upon the court's issuance of a Writ of Execution. Our firm does not waste time searching for assets after a judgment is issued. Immediately upon the court's issuance of a Writ of Execution, we are ready to proceed with judgment enforcement measures. This "jump" often proves to be important not only for obtaining recovery for our clients, but also provides our clients with an edge against other creditors who may also have cases proceeding in the courts against the same debtor.

The successful accomplishment of the goal of collection of a money judgment requires the existence of an organized and proven system in place. Having such a system effectively prevents time-consuming procedural mistakes and unnecessary delays. Virtually every court in California's fifty-eight counties has different requirements or unique local rules, and our many years of experience have taught us the consequences of being unaware of each court's local rules; such oversight may prove to be fatal to a case where time is of the essence.

Our attorneys are also experts in protecting our clients' interests in bankruptcy court. We routinely appear in all California bankruptcy courts, seeking relief from the automatic stay, or on motions compelling assumption or rejection of unexpired executory contracts at the earliest possible time. Where a debt is unsecured, aggressive and effective representation on an unsecured creditors' committee can make the difference between minimal and significant repayment to our client. Finally, when appropriate, the firm will aggressively pursue a debtor into bankruptcy court in a proceeding to have a client's obligation held non-dischargeable through a formal adversary action.

The firm practices in all of the courts of the state of California as well as the four Federal District Courts in California. In addition, we have established networks with recognized attorney specialists outside of the firm throughout the state and the country, so that our clients are assured of the best representation and advice by the appropriate lawyer. We frequently utilize associate counsel residing in various parts of the state to make simple routine procedural court appearances on our behalf in mandatory hearings, set by the court simply for the purpose of informing the court of the status of the litigation, or to set future dates for various purposes. In so utilizing these associate counsel, we are able to save our clients literally thousands of dollars by not being forced to charge them the expenses associated with traveling to, and attending court appearances in various parts of the state for what amounts to a simple procedural hearing. In such cases, we simply pass on our associate counsel's appearance fees to the client, which costs are generally minimal.

EQUIPMENT LEASING    RETURN TO TOP

Hemar & Associates represents lessors and secured lenders in the full range of legal issues that arise in equipment leasing transactions and litigation. Our firm is very active in the major equipment leasing associations in the United States, including the Equipment Leasing Association ("ELA") and the United Association of Equipment Lessors ("UAEL"), on which we routinely serve on the legal committees. We regularly participate in the bi-annual conventions of each organization, as well as some local conferences. We also provide contributing articles to the associations' journals and newsletters, and serve on the law firm referral panels to the associations members.

Our firm's expertise in equipment leasing includes structuring and documenting lease transactions, enforcement of lease agreements and guarantees, letters of credit, bonds and other credit enhancements.

Should a dispute arise, our attorneys have extensive experience in handling litigation and alternative dispute resolution matters in a cost-effective manner; our firm has a vast range of equipment leasing litigation, which includes, experience in the following:

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vendor finance issues broker breaches of representations and warranties workout agreements arbitration, mediation and other alternative dispute resolution procedures commercial and consumer litigation equipment recovery bankruptcy representation multi-state and international enforcement of judgments fraud investigation and enforcement litigation defense and preventive advice.

Our firm has extensive knowledge of the provisions of Article 2A of the Uniform Commercial Code - known as Article 10 of the Commercial Code in California, as well as the revised Article 9 of the U.C.C.