Litigation Paralegal

Benderson Development, LLC
Published
April 28, 2022
Location
Buffalo, NY
Category
Legal  
Job Type

Description

Benderson Development is one of America’s largest privately held real estate companies. We are proud to own and manage over 800 properties encompassing over 45 million square feet in 40 states. The diverse Benderson portfolio includes retail, office, industrial, hotel, residential, and land holdings.

Litigation Paralegal

Assist in the managing and coordination of tenant/debtor bankruptcy cases on a national and local level including tracking relevant dates, filing claims, and procuring and providing necessary documentation to legal counsel. Assist in efforts to recover outstanding debt incurred by tenants/ex tenants through a variety of means including preliminary investigation and pre-litigation activity, litigation activity and post-judgment activity.

General Summary:

Assist in the managing and coordination of tenant/debtor bankruptcy cases on a national and local level including tracking relevant dates, filing claims, and procuring and providing necessary documentation to legal counsel. Assist in efforts to recover outstanding debt incurred by tenants/ex tenants through a variety of means including preliminary investigation and pre-litigation activity, litigation activity and post-judgment activity. Review and assist in drafting or preparation of a variety of documents, including the complaint, motions and discovery. Provide expertise and support to collections staff in handling tenant debt obligations.

 Principle Duties and Responsibilities

 BANKRUPTCY

  •  Coordinate the collection of company assets in the event of tenant/ex-tenant bankruptcy. Upon notification of bankruptcy.  Prepare and file bankruptcy proof of claims with courts to include claims of charges due prior to bankruptcy, after filing of   bankruptcy and upon rejection of lease agreement.
  • Log new bankruptcy filings. Ensure proper paperwork is completed and deadlines met. Monitor results of bankruptcies and ensure final distribution as awarded by court is received. Update bankruptcy files and records in company ERP.
  • Set up legal dates (bar dates) in company ERP and monitor for court rejection, assumption or extensions of bankruptcy claims.  File proof of claims in timely fashion. Upon assumption or rejection of a lease, notify appropriate department(s) and personnel to ensure proper handling of the lease file.

COLLECTIONS

  • Conduct investigation regarding tenant to determine if there are any liens, foreclosures, etc. pending regarding the tenant and a guarantor(s).  Issue demand letters; communicate with attorney regarding legal action to be taken including eviction and collection lawsuit. Work closely with account representatives, attorney, and property management department to ensure that eviction is handled appropriately as allowed per various state laws and tenant leases.
  • Assist and coordinate in the preparation of litigation documents, in all phases of collections.  Prepare, edit and distribute attorney correspondence and reports. File status reports, organize and maintain department information and diaries. Maintain and monitor collection file placement and legal file placements.  Ensure affidavits are received from attorneys and are signed/notarized accurately by collections staff and resubmitted to outside attorneys.
  • Conduct conflict verification by providing information to attorneys to determine if there is any conflict of interest regarding status of tenant assets.
  • Place default tenants with attorneys in order to obtain collection. Direct attorney to distribute hard demand letter to tenant.  Follow up with attorney requesting issuance of demand letter and monitoring of demand letter status. If no response from tenant, provide information to appropriate personnel in order to determine/make decision regarding eviction process.
  • Initiate and monitor bad debt recovery efforts in order to collect on commercial tenants who have had payment problems and are still in collection status with no judgments ever served/filed with summons of complaints.  Research and review past commercial tenants who had problems.
  • Ensure that research for Uniformed Commercial Credit (UCC) liens are completed and when necessary, conduct research for UCC liens against property left behind by ex-tenants. Discuss with attorney or banks that have a lien against property in order to issue proper notification to have property removed. Coordinate with secured lenders for removal or storage of property from locations. Provide direction to collections staff regarding new vacancies and property left in vacancies.
  • Perform accounting related functions necessary to collections. Reconcile attorney bills and background reports ordered. Ensure appropriate billing and proper charge back to property. Prepare credit memos for any open account receivable items.
  • Ensure that filings for Dunn and Bradstreet and commercial contractors’ regulations (CCR paperwork is properly submitted for Benderson entities. Provide appropriate banking and contact information and update annually or as required through renewals. Perform data entry of information and documentation to company ERP and set up calendar of notices.
  • Monitor obligations paid by ex-tenants for property restorations. Review payment tracking periodically to ensure payment plans are met.
  • Discuss claims with Debtors; negotiate and obtain payment resolution.
  • Obtain credit reports and background checks on individuals, current tenants and companies. Analyze information received and discuss findings with appropriate company personnel. Prepare reports and spreadsheets necessary for collections. Coordinate, update and maintain tenant legal/attorney information in company ERP. 

Knowledge, Skills and Abilities

Qualifications for this position is normally attained through completion of a 2-year degree and minimum five (5) years’ experience in a law firm or commercial collections with knowledge of bankruptcy, judgments, and collections civil litigation relative to commercial real estate, and landlord-tenant matters.  Knowledge in preparing and processing of all documents used in civil litigation, as well as legal forms related to bankruptcy collections.  Management of multiple situations simultaneously. Also includes researching various websites for skip tracing, experience in maintaining databases of information relative to collections and experience in frequent client contact, through email and phone calls. Proven ability to work independently with outstanding attention to detail. Excellent organizational skills with a high level of attention to detail; experience in computer software, including MS Word, Excel and Outlook.

Applicants should send an email to:
Human Resources Recruiter
Katie Ireland - katieireland@benderson.com