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Nola Rooney Bencze

Of Counsel
fax +1 609.785.2973

Throughout her 35 year career, Nola Rooney Bencze has been addressing the needs of her financial and corporate clients helping them to navigate through the labyrinth of complex commercial and lender liability litigation, bankruptcy, workout and e-commerce issues.

Nola has represented financial institutions, special servicers and various constituents in regard to defaulted loans, workouts, state court remedies, and bankruptcy. She has addressed the challenges of her clients arising from ever changing technologies, leading her to develop additional specialties in the area of payment law, electronic transfers, e-commerce and the statutes and regulations involved in treasury and cash management. She assesses in conjunction with the client its goals and internal operations and then in a cost effective manner tailors a wide variety of service products, including cash management and treasury products, transaction and data processing service products and entire suites of products for bank lines of business.

She is knowledgeable in the area of the Automatic Clearing House Rules and Article 4A of the Uniform Commercial Code and has obtained positive outcomes in advising clients on these issues and representing them in litigation; compliance with the Uniform Commercial Code, Automatic Clearing House (ACH) rules and various banking regulations; misconduct in regard to a residential mortgage application; sales of mortgages and servicing rights; and breach of the Fair Debt and Collections Practices Act. Nola has represented at the annual NACHA Conference to companies in the field.

Nola has served in her prior law firms as chair of the financial services department and bankruptcy departments.

Education

J.D., Seton Hall University School of Law, Newark, New Jersey
B.A., St. Joseph's College, Psychology and English

Recognitions

Tribute to Women Award from the Princeton YWCA

Former Master of the Bankruptcy Inn of Court

American Jurisprudence Award in Real Property 2012

TOP 50 Woman Attorneys for 2014 and 2015

New Jersey Super Lawyers *

*This award is conferred by Super Lawyers, part of Thomson Reuters. A description of the selection methodology can be found at: https://www.superlawyers.com/about/selection_process_detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 

“Leader in the Law” by the Philadelphia Law Journal in 2007

Memberships

Banking Law Committee – member on drafting, American Bar Association Section of International Law

New Jersey Chapter – Turnaround Management Association and former Board Member and Co-Chair, Public Relations Committee

Banking Law Committee, Bankruptcy Law Committee, New Jersey State Bar Association

Mercer County Bar Association

Commercial Law League of America

American Bankruptcy Institute

Association of Commercial Finance Attorneys

State Bar Licenses

New Jersey, New York

Court Admissions

U.S. Court of Appeals, 3rd Circuit
U.S. District Ct., District of New Jersey
U.S. District Ct., E.D. of New York
U.S. District Ct., S.D. of New York

As a partner-level attorney for more than 30 years, Nola has represented a diverse range of clients within the financial services industry, including:

  • A large multinational corporation that develops advanced technologies and systems in regard to a $40 million dollar claim in the A123 Chapter 11 in District of Delaware and in Chapter 11 of American Airlines pending in the Southern District of New York.
  • Represented a large hospital system as DIP lender and creditor in Chapter 11 of a hospital pending in the District of New Jersey.
  • Various regional financial institutions in regard to cash management issues arising in Chapter 11 context.
  • Financial institutions in state, federal and bankruptcy courts, in regard to claims arising from breach of contract; compliance with the Uniform Commercial Code, Automatic Clearing House (ACH) rules and various banking regulations; misconduct in regard to a residential mortgage application; sales of mortgages and servicing rights; and breach of the Fair Debt and Collections Practices Act.
  • Creditors and debtors in complex bankruptcy matters, including drafting DIP credit facilities and reorganization plans; defaults and workouts related to public finance transactions; assertion of creditors’ rights in foreclosure; and asset recovery matters.
  • The Department of Health and Senior Services and various hospitals in New Jersey in bankruptcy courts throughout the state and in Delaware.
  • Lenders in transactional matters involving various commercial loan transactions, including asset-based lending transactions and participations.
  • Advising a major regional banking client as well as smaller institutions concerning documents related to deposit account control agreements including developing internal bank policies regarding such agreements, electronic banking agreement, including but not limited to, ACH agreements, wire transfer agreements, outbound data exchange agreements and agreements specific to automatic teller machines (ATMs).
  • Various entities and parties in litigation arising from shareholder disputes, breach of contract and UCC claims, trade secret violations and other business torts.

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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