Peter J. Duhig practices in the business and securities litigation department where he advises financial institutions on a wide variety of matters. PJ vigorously defends financial institutions in mortgage-related disputes, including claims brought under federal and state consumer protection statutes.
PJ has also represented financial institutions in loan workouts, foreclosures, HOA liens, sales of collateral, confessed judgments, receiverships, debt actions, replevin actions as well as levies and garnishments. In addition to commercial litigation, PJ has significant bankruptcy and creditors’ rights experience.
He has represented secured lenders and equipment financers, landlords, vendors and other unsecured creditors, chapter 11 debtors, and trustees in numerous bankruptcy cases in the United States Bankruptcy Court for the District of Delaware and the United States Bankruptcy Court for the District of Maryland.
EXPERIENCE :
- Negotiated settlement on the eve of trial requiring return of millions of dollars worth of inventory and dismissal of plaintiff’s case.
- Orchestrated settlement between parties just four months after taking over lender liability case that had been pending for over 10 years.
- Obtained multimillion-dollar confessed judgment for lender; thoroughly researched and briefed issues relating to meritorious defenses; judgment affirmed on appeal.
- Prevented sale on an emergency basis of client’s collateral by identifying seller’s noncompliance with statute; negotiated settlement that preserved client’s property interest.
- Obtained relief from stay for national bank after trial, thereby allowing it to secure and liquidate its collateral; as first chair, secured dismissals of defendant’s appeals in the U.S. District Court for the District of Delaware and the U.S. Court of Appeals for the Third Circuit.
- Protected financer’s interests in sixty million dollars worth of equipment by promptly obtaining court authorization thereby giving financer full access to borrower’s site to inspect and secure collateral.
- Analyzed vendor contracts and advised client of its rights and obligations; persuaded counterparty to prepay invoices and increase its cure payment.
- Defended companies as local counsel in intellectual property cases; assisted team in dismissal of patent infringement complaint after Markman hearing resulting in minimal amount of liability for client.
- Handled all aspects of commercial real estate sales as substitute trustee: review title and lien searches; advertised sales and answered bidder inquiries; drafted orders, affidavits, notices and deeds, prepared accounting, and obtained court ratification of sales and audits; recorded deeds.
Education :
- The Catholic University of America, Columbus School of Law, JD, manga cum laude, Associate Editor, Catholic University Law Review, 2000
- The University of Georgia, BA, Political Science, 1996
Admissions :
- District of Columbia
- Delaware
- Maryland
- U.S. District Court for the District of Delaware
- U.S. District Court for the District of Maryland
Affiliations :
- American Bankruptcy Institute
- Maryland State Bar Association
- Delaware State Bar Association
Cost
Rate : $$$