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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.”
  • Liens and Wage Garnishment for Medical Debt Outlawed in New York
  • New York Enacts Law Limiting Lenders in Foreclosure Actions
  • U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy
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

Sectors

Long-Term Care

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
March 9, 2023

U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy

The U.S Supreme Court ruled that a debtor who is liable for their partner’s fraud can not discharge this debt in bankruptcy.
January 12, 2023

New York Enacts Law Limiting Lenders in Foreclosure Actions

Gov. Kathy Hochul signed the Foreclosure Abuse Prevention Act, hindering lenders and servicers’ foreclosure ability on New York homeowners.
December 7, 2022

Liens and Wage Garnishment for Medical Debt Outlawed in New York

Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wag
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 Insights, All Publications, Legal Alert |
 March 9, 2023
U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy
The U.S Supreme Court ruled that a debtor who is liable for their partner's fraud can not discharge this debt in bankruptcy. ...read more
All Insights, All Publications, Legal Alert |
 January 12, 2023
New York Enacts Law Limiting Lenders in Foreclosure Actions
Gov. Kathy Hochul signed the Foreclosure Abuse Prevention Act, hindering lenders and servicers’ foreclosure ability on New York homeowners....read more
All Blogs, All Insights, Health Care Blog |
 December 7, 2022
Liens and Wage Garnishment for Medical Debt Outlawed in New York
Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wag...read more
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
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...read more
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Kevin W. Tompsett

ktompsett@harrisbeach.com
D: (585) 419-8738
Rochester, NY Office
Kevin Tompsett
https://www.harrisbeach.com/people/tompsett-kevin-w/

■ Areas of Expertise

Legal Practices

Collections Legal Practice
Financial Restructuring, Bankruptcy and Creditors' Rights Legal Practice
Foreclosure Legal Practice

Industry Teams

Financial Institutions and Capital Markets Industry Team
Health Care Industry Team
Veterinary Medicine Industry Team

Sectors

Long-Term Care

■ Profile

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

■ Admissions

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

■ Education

Vermont Law School
 ,JD
 ,1999
State University of New York at Oswego
 ,BA
 ,1995
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 27, 2023 4:13 pm
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