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.
