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Harris Beach PLLC Discover True Engagement image
Kevin Tompsett
D: (585) 419-8738  
ktompsett@harrisbeach.com

Kevin W. Tompsett

  Member

Legal Teams Leader -  
Financial Restructuring, Bankruptcy and Creditors’ Rights, Foreclosure
(585) 419-8738
  ktompsett@harrisbeach.com
“It is important to understand each client’s goals at the outset. I take pride in working with the client to develop a sensible approach to achieve those goals in a cost effective manner.”
  • New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Kevin represents banks, credit unions, finance companies, long term care facilities and other creditors in consumer and commercial litigation, including replevin and fraudulent conveyance actions, and enforcement of money judgments.   He also represents secured and unsecured creditors in bankruptcy and insolvency matters, including plan negotiation and confirmation issues, stay relief motions, and preference and nondischargeability actions.

Kevin regularly represents long-term care facilities with regard to maximizing recovery on their delinquent accounts.  His knowledge of the Medicaid application process enables him to work with residents, their family and/or representatives to ensure Medicaid applications are timely filed.  He pursues, if available, claims based on the failure to timely file Medicaid applications, and intervenes when a resident's Net Available Monthly Income is not being paid over to the facility once Medicaid is approved.  Kevin also handles debt collection litigation and post-judgment enforcement on behalf of long-term care facilities, including pursuing claims for breach of contract, account stated, unjust enrichment, and fraudulent conveyance.  He works closely with the firm's Health Care Industry Team if it appears that a resident may be in need of the appointment of a guardian.  He also provides legal advice regarding best practices during the long term care facility application process, assistance with modifying and updating admission agreements, and securing assignments of residents' income.

Representative Matters

  • Represents health care and long term care facilities in litigation including fraudulent conveyance and Medicaid issues and estate proceedings.
  • Represent corporate client in pursuing fraudulent conveyances/alter ego claims in state court resulting in recovery in full.
  • Handles workout and bankruptcy matters for various corporate clients including Farm Credit East ACA, Tompkins Trust Company, Mahopac Bank and others.

Professional and Civic

  • Monroe County Bar Association, member
  • New York State Bar Association, member
  • Vermont Law Review, member
  • Avon Rotary Club, past president and former member
  • Honeoye Falls Under 10 Travel Soccer Team, coach

Recognition

  • Super Lawyers, Creditor Debtor Rights, Business Litigation, Bankruptcy, since 2020
  • Avon Rotary Club, Rotarian of the Year Award, 2007; Paul Harris Fellow

Legal Practices

Collections
Financial Restructuring, Bankruptcy and Creditors’ Rights
Foreclosure

Industry Teams

Financial Institutions and Capital Markets
Health Care
Veterinary Medicine

Admissions

Massachusetts

New York

Pennsylvania

U.S. Bankruptcy Court, Massachusetts

U.S. Bankruptcy Court, New York - Eastern District

U.S. Bankruptcy Court, New York - Northern District

U.S. Bankruptcy Court, New York - Southern District

U.S. Bankruptcy Court, New York - Western District

U.S. Bankruptcy Court, Pennsylvania - Middle District

U.S. District Court, Massachusetts

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

U.S. District Court, Pennsylvania - Middle District

Vermont Law School

JD 
1999

State University of New York at Oswego

BA 
1995
cum laude

Location

Rochester, NY Office
Insights
February 11, 2022

New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act

For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per a
December 15, 2021

Consumer Credit Fairness Act Signed Into Law

On November 8, 2021, Governor Hochul signed into law the Consumer Credit Fairness Act (Legislation S.153/A.2382). The intent behind the legi
January 25, 2021

Supreme Court Holds Creditor Retention of Debtor’s Property Does Not Violate “Automatic Stay”

The Supreme Court of the United States recently issued a decision regarding the scope of the “automatic stay” codified at section 362 of the
April 2, 2020

COVID-19 Crisis Allows Financial Institutions to Grant Forbearance to Those With Financial Hardship

The COVID-19 crisis has resulted in a state and federal response to provide immediate assistance to those individuals that have experienced
April 2, 2020

COVID-19 Crisis Prompts Changes to Bankruptcy Code Concerning Debtors, Consumers and Businesses

The COVID-19 crises recently prompted the passage of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, in part, in
March 25, 2020

Department of Financial Services Issues Guidelines to Ease Financial Hardship During COVID-19 Pandemic

The state of emergency declared by both New York state and the Federal government due to the COVID-19 pandemic has caused significant econom
February 21, 2020

Revisions to Bankruptcy Code Spell Good News for Creditors

It is bad enough when a customer or borrower files for bankruptcy and you have to write off the debt, but things can get worse when you are
January 31, 2020

Starting Strong: Optimizing the Admission Agreement for Long-Term Care

Our series dedicated to maximizing collections on long-term care accounts now turns to the importance of the admission agreement. The admiss
November 7, 2019

Vetting Residents on Admission to Long-Term Care Facilities: An Ounce of Prevention

To continue our series on strategies for maximizing collections on long-term care accounts, we’re focusing on the first steps: vetting the a
November 1, 2019

Strategies for Maximizing Collections on Long-Term Care Accounts

As Baby Boomers have aged into needing medical care beyond what can be provided at home, the long-term care market has both staggering oppor
News
October 15, 2021

Kevin Tompsett Discusses Slowdown in Bankruptcies

Fewer people are filing for bankruptcy in the Western District of New York and across the state, but that may be a short-lived trend, Roches
Events
July 14, 2020

Harris Beach Attorneys Presenting “Fiscal Readiness for Long-Term Care Organizations” Webinar

Attorneys Wendy Kinsella, Kevin Tompsett, Lee Woodard and Heidi Schult Gregory will present a webinar in partnership with the New York State
External Publications

Speaker: Area high schools on CARE, a national Credit Abuse Resistance Education program teaching teens and young adults about the consequences of overspending and abusing consumer credit

All Publications, Covid-19, Legal Alert |
 February 11, 2022
New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act
For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per a...read more
All Publications, Legal Alert |
 December 15, 2021
Consumer Credit Fairness Act Signed Into Law
On November 8, 2021, Governor Hochul signed into law the Consumer Credit Fairness Act (Legislation S.153/A.2382). The intent behind the legi...read more
All Insights, All Publications, Legal Alert |
 January 25, 2021