Nola R. Bencze

Nola Rooney Bencze is Senior Counsel in Clark Hill's Banking & Finance Practice Group in the Princeton, New Jersey office. She focuses her practice on banking, complex bankruptcy and workout, commercial, banking and lender liability litigation within a broad range of legal specialties. Throughout her 30 years of legal practice, Nola has acted as counsel in a variety of transactional matters and has conducted trials both before a jury and judge. Nola has also developed a specialty in payment law and the development and documentation of a wide variety of service products, including cash management and treasury products, transaction and data processing service products and has created entire suites of products for bank lines of business. She has expertise 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.

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

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 the Chapter 11 of American Airlines pending in the Southern District of New York.
Represented a large hospital system as DIP lender and creditor in the 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.

Good to know

Job Types Counsel
Areas of Practice 1) Banking & Finance, 2) Corporate Restructuring & Bankruptcy, 3) Cybersecurity Data Protection & Privacy and 4) Litigation
Law School Seton Hall University School of Law (J.D.)
Education St. Joseph's College (B.A.)
Bar Member / Association New Jersey State Bar Association, New York State Bar Association
Most recent firm Clark Hill PLC
LinkedIn Profile https://www.linkedin.com/in/nola-bencze-902290b
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