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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

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.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • Presents to 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.
  • "Revised Official Bankruptcy Forms Become Effective on December 1, 2015," Harris Beach Legal Alert, November 2015.
  • "New York Courts Adopt New Rules Regarding Certain Consumer Collection Lawsuits," Harris Beach Legal Alert, September 2014.
  • “Understanding the Automatic Stay in Bankruptcy and Avoiding a Willful Violation,” published in the January 2011 edition of The National List of Attorneys’ Member News.
  • “Loss Mitigation Program Adopted by Bankruptcy Court Impacts Creditors with Liens Secured by Debtor’s Principal Residence,” published in March 2009 as a Harris Beach Legal Alert.
  • 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

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
Rochester, NY Office
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
All Insights, All Publications, Covid-19, Legal Alert |
 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 ...read more
All Insights, All Publications, Covid-19, Legal Alert |
 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...read more
All Insights, All Publications, Covid-19, Legal Alert |
 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...read more
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(866) 999-0659

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

Collections Legal Practice
Financial Restructuring, Bankruptcy and Creditors' Rights Legal Practice
Foreclosure Legal Practice
Financial Institutions and Capital Markets Industry Team
Health Care Industry Team
Veterinary Medicine Industry Team

■ 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.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • Presents to 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.
  • "Revised Official Bankruptcy Forms Become Effective on December 1, 2015," Harris Beach Legal Alert, November 2015.
  • "New York Courts Adopt New Rules Regarding Certain Consumer Collection Lawsuits," Harris Beach Legal Alert, September 2014.
  • “Understanding the Automatic Stay in Bankruptcy and Avoiding a Willful Violation,” published in the January 2011 edition of The National List of Attorneys’ Member News.
  • “Loss Mitigation Program Adopted by Bankruptcy Court Impacts Creditors with Liens Secured by Debtor’s Principal Residence,” published in March 2009 as a Harris Beach Legal Alert.

■ 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
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
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
Sports Law
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

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

Content current as of May 18, 2022 1:36 am
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