Practice Areas

All commercial lending activity must be done with an eye on the possibility of a Bankruptcy filing as the ultimate recourse of an overwhelmed Borrower.  EHJ Lawyers offer clients extensive experience in handling Lender and Creditor bankruptcy issues in Chapter 7, 9, 11, or 13.  The firm represents Bondholders in the large, complex Chapter 9 case filed by Jefferson County.  It also represents PACA claimants in the Chapter 11 of a produce company.  Our involvement varies greatly, including cases of all sizes and types.  We can help with anything from filing a claim, objecting to a Plan, or seeking relief from stay to defense of a preference, objection to discharge or litigation over the dischargeability of a debt.  Our bankruptcy experience is valuable as we handle transactions, litigation, or workouts in a way which considers the potential impact of a bankruptcy filing.   When a case is filed, we are ready to assist.

Commercial Finance matters serve as core parts of EHJ’s practice.  Our attorneys represent numerous lenders of all types and sizes – banks, credit unions, as well as other non-traditional financing institutions such as factors.  The services we provide include advice on every aspect of operations ranging from transactions and corporate lending, to workouts, foreclosures, collections, and assistance with government program compliance.

Some common commercial financing transactions which we document, many on a day-to-day basis include: 

• Asset-based loans of all sizes and types
• SBA 7a and 504 financing
• Real estate and construction loans involving commercial mortgages
• Secured and unsecured revolving and term loan facilities
• Airplane financing
• Ship mortgage financing
• Equipment financing

 Our firm is standing ready and would be delighted to help you with your next commercial finance matter, no matter how large or small.

Litigation is often inevitable in the commercial world.  Commercial litigation can be complex and involves a specific set of knowledge and expertise.  EHJ lawyers have extensive experience handling commercial disputes of all kinds in both State and Federal Courts.  Whether you have been sued or are involved in a dispute that requires litigation to enforce your rights, we are ready to act for you.  Filing or defending breach of contract actions, lien claims, construction liability and myriad other statutory or tort claims are a significant part of our firm’s practice.

Aggressive pursuit of the rights of clients to recover receivables, enforce contracts, and collect both commercial and retail claims has been a central part of the firm’s practice for over sixty (60) years.  Advancing creditor’s rights on a local and national level is important to us.  EHJ has a long relationship with the Commercial Law League of America.  Firm member Rick Johanson has diligently served that group in many capacities – Recording Secretary, Treasurer and Board Member.  He was President of the League in 1997-98.  We are ready to assist clients in the enforcement and prompt resolution of claims of all sizes and types.

Commercial loan closings of all sizes and types are handled regularly by EHJ lawyers.  We have extensive experience in connection with documenting financing transactions.  The confidence placed in us by members of the banking community over the years has been a key to our success and is very much appreciated.  Our clients value the firm’s commitment to exceptional services at a reasonable cost.  The group is led by Bill Hairston III who is widely recognized for his experience in this area.  He not only follows developments in the law, he helps shape it as a member of the Alabama Law Institute and the Commercial Finance Section of the American Bar Association.

When a loan goes into default, a creditor needs thoughtful assistance to maximize recovery.  EHJ Lawyers have extensive experience handling workouts and liquidation of all types of loans, leases, and contractual obligations.  This includes SBA loans.  We help clients explore options, develop a plan, utilize available leverage, and evaluate risk with the potential reward in  choosing the most effective path to recovery.  From forbearance agreements to foreclosure – from notices of sale of collateral to suits against guarantors – we are ready to help.

The world of Small Business Administration loans is a specialized area which requires familiarity with programs, processes and regulations.  EHJ lawyers handle closing of SBA loans under all manner of programs.  While Section 7A and 504 loans are the most common, we keep track of all the options.  Firm lawyers have extensive experience gained over many years of relationships with Community Development Corporations (CDCs) and with the United States Small Business Administration itself.  Three of our attorneys have achieved designated 504 status granted by the SBA.

Workout and liquidation related to SBA loans are areas which also require compliance with regulations in order to protect the SBA guaranty.  EHJ lawyers work in this area on a regular basis.

Advising clients on choice of business entity and follow up with formation, governance and transactional work is an important component of EHJ’s practice.  We provide clients with the guidance needed to make informed decisions concerning the appropriate business structure to accomplish their goals.  We then offer ongoing advice regarding operational issues and the transaction of business.  EHJ attorneys also serve on legislative advisory committees that keep us not only on the cutting edge of changes in Alabama corporate law, but in a position to offer insight into needed changes in the law.

The scope of service that our attorneys provide includes assisting with:

• Entity formation
• General corporate governance
• Shareholder agreements, partnership agreements and operating agreements
• Agreements among owners for transfer of interests upon death, withdrawal, retirement or disability
• Buy-sell agreements
• Service, independent contractor agreements and fee arrangements
• Purchase and sale agreements for businesses and real property
• Leases
• Dissolution

Let us use our expertise to assist you in your next business endeavor.