Louise S. Melchor practices in the areas of commercial real estate finance and creditors' rights matters, including loan restructuring, asset recovery and bankruptcy representation.
Ms. Melchor is a litigator and transactional attorney with a focus on commercial and construction lending. Her transaction practice includes representing lenders in commercial and construction loan matters, including the drafting of loan documents and review of due diligence documents and title work. Ms. Melchor also represents lenders in loan workouts, including preparation of forbearance documents, settlement agreements, and deed in lieu of foreclosure transactions.
Ms. Melchor regularly represents lenders both in commercial mortgage foreclosure and confessed judgment actions, including defending petitions to open/strike judgments and recovering assets through receivership and sheriff sales. She also represents lenders in all aspects of Chapter 7, 13 and 11 bankruptcy cases, including preparation of proofs of claims, motions for stay relief, motions to dismiss, debtor-in-possession financing, defense of preference claims and other creditor rights issues.
Ms. Melchor is a 2006 graduate of Temple University Beasley School of Law, where she was a member of the Environmental Law Moot Court team, which received the award for Best Brief at the national Pace University Environmental Moot Court competition. Ms. Melchor is also a graduate of the University of Pennsylvania (B.A.) and Drexel University (M.S.).
Areas of Practice
- Commercial Real Estate Financing Transactions
- Bankruptcy and Creditors' Rights Litigation
- Franchise Financing
- Commercial Litigation
- Counsel to state-chartered bank in defense of claims by real estate investor/ developer, including breach of good faith and fair dealing, fraudulent misrepresentation, and violations of the New Jersey Consumer Fraud Act, resulting in settlement satisfactory to client.
- Counsel to national bank in foreclosure litigation matters where borrowers asserted defenses, including fraud and duress in connection with the underlying loan; won motions striking defenses, allowing the foreclosures to proceed as uncontested matters.
- Counsel to lender in bankruptcy litigation on issue of non-dischargeability of debt due to borrower fraud and misrepresentation in the loan transaction, resulting in dismissal of case.
- Counsel to lenders in numerous confessed judgment actions in Pennsylvania, including defense of motions to strike/open judgments.
- Counsel to lenders in numerous commercial mortgage foreclosure actions, including review of title work, subsequent workouts or Sheriff sales, defense of motions to postpone sheriff sales, and petitions to fix fair market values post-sale.
- Counsel to lenders in numerous bankruptcy proceedings, obtaining stay relief to allow state court foreclosure actions to proceed.
- Counsel to lender in foreclosure matter where defendant became incapacitated during proceedings — obtained court appointed guardian ad litem to allow matter to proceed.
- Counsel to lender in bankruptcy case involving liquidation of restaurant business, including contested cash collateral proceedings.
- Counsel to lender in receivership proceeding related to foreclosure action -obtained court order providing for turnover of rents pending sheriff sale of property, following evidentiary hearing.
- Counsel to lenders in quiet title actions to obtain reinstatement of erroneously discharged mortgages, and reformation of mortgages due to incomplete legal descriptions.
- Counsel to mortgage loan servicer in Federal Court action where plaintiff alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Unfair Trade Practices and Consumer Protection Law (UTPCPL)- obtained order dismissing all claims against client.
- Counsel to lender in mediation and global settlement of foreclosure actions involving various mortgaged properties and title claim dispute- obtained resolution satisfactory to client.
- Counsel to loan investor in litigation to recover collateral — obtained summary judgment, based on defendants' discovery admissions and responses to interrogatories, in a contested foreclosure action where the defendants asserted numerous affirmative defenses including an allegation of lack of standing in connection with the assignment of the loan.
- Represented BankUnited, N.A. in documenting a $40 million joinder to a $650 million syndicated subscription secured credit facility extended to an owner of a renewable energy-related assets portfolio.
- Represented BankUnited, N.A. in closing a $16.8MM credit facility to refinance a mortgage against a 172,806 square-foot multi-tenant office building in Connecticut.
- Represented a national bank as administrative agent, collateral agent and lender in restructuring of an $80 million syndicated secured credit facility.
- Counsel to national bank lender as Administrative Agent, Collateral Agent, and Lead Arranger in an $85 million syndicated lending facility to one of the mid-Atlantic's largest contracting and construction companies and its affiliates, involving a 33-property portfolio, including quarries and related mineral rights issues, across PA, NJ, DE and MD.
- Counsel to debtor-in-possession financing lender in the chapter 11 bankruptcy reorganization of a large regional construction company.
- Counsel to lenders in documentation and closing of numerous multi-million dollar construction lending and other commercial real estate loan facilities.
- Counsel to lenders in equipment and working capital financing transactions.
- Counsel to non-bank lender in franchise financing transactions.
- Counsel to lenders in numerous deed in lieu of foreclosure transactions.
- Counsel to investors in connection with purchases of sheriff sale properties.
- Counsel to lender in connection with workout of $10MM loan facilities secured by preferred ship mortgages against fishing vessels.
- Counsel to lender in preparation of forms for use in securities based lending transactions.
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
- Temple University Beasley School of Law, J.D., 2006
- Pace University National Environmental Law Moot Court Competition, Recipient of David Sive Award for Best Brief Overall
- Dean's List
- Recipient of Law Faculty Scholarship
- Drexel University, M.S., 1995
- University of Pennsylvania, B.A., 1993
- Duane Morris LLP
- Associate, 2011-present
- Deeb Petrakis Blum & Murphy, P.C.
- Associate, 2006-2011
- CH2M Hill
- Project Manager/Environmental Engineer, 1999-2005
- New Castle County, DE
- Environmental Engineer, 1995-1998
- Pennsylvania Bar Association
- Quality of Life / Balance Committee
- Commission on Women in the Profession, Member
- National Association of Women Lawyers
- Financial Services Affinity Group Member
- Philadelphia Bar Association
- Licensed Professional Engineer, District of Columbia
Civic and Charitable Activities
- South of South Neighborhood Association
- Co-chair and member of Community Impact Committee
- Philadelphia Volunteers for the Indigent Program (VIP)
- Pro bono attorney
- Contributor, Duane Morris Banking Law Blog
- Co-author, "City of Philadelphia Requests Proposals to Implement Online Auction for Sale and Assignment of Delinquent Real Estate Tax Liens," Duane Morris Alert, May 6, 2015
- Author, "Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority," Duane Morris Alert, July 15, 2014
- Co-author, "Revised Common Level Ratio for Philadelphia May Entitle Certain Taxpayers to a Refund," Duane Morris Alert, February 20, 2013