An Experienced Strategic Perspective

Mr. Hamer focuses his practice on the litigation and resolution of contract disputes in a variety of industries addressing issues pertaining to the financial services industry and commercial creditors in state, federal and bankruptcy courts. He regularly works with direct lenders and investors in enforcing distressed commercial debt at all levels of priority and within a variety of security structures. Many of his cases involve the investigation and prosecution of commercial fraud on behalf of lenders, creditors committees, bankruptcy trustees and court-appointed receivers.

Mr. Hamer has taken more than 75 cases to trial over the course of his 30-year career. Recent trial experience includes the prosection of a series of claims involving the piercing of complex asset protection plans and similar strategies for the avoidance of debt and a case resolving title disputes arising from a fraudulent mortgage. He continues to develop and execute plans for innovative and cost-effective solutions in matters involving commercial contracts, secured transactions and fiduciary fraud.

Legal Experience

  • LeClairRyan, Boston, Massachusetts
  • Greenberg Traurig, Boston, Massachusetts
  • Mirick O'Connell, Worcester, Massachusetts
  • Counsel to the Chief Secretary, Office of the Governor, Commonwealth of Massachusetts, Boston, Massachusetts

Education

  • University of Illinois College of Law, J.D., 1980
  • Northwestern University, B.A., Psychology and Sociology, 1977, cum laude

Representative Matters

Commercial Contract Litigation

  • Defense of an international logistics contractor against a subcontractor's claims for a contractual acceleration premium relative to the time sensitive installation of security systems at Boston's Logan Airport following the terrorist attacks of September 11, 2001
  • Recovery of work in progress from an insolvent subcontractor on a time sensitive government defense contract
  • Lead investigation and prosecution of claims for asset recovery in numerous cases involving bookkeeper embezzlements and related fiduciary fraud
  • Investigation and prosecution of claims on behalf of creditors for the avoidance of a variety of fraudulent transfers and other asset protection strategies
  • Representation of plaintiff in investigation and prosecution of claims for defamation and fraud through electronic media
  • Defense and prosecution of a variety of commercial warranty claims involving products in the plastics, abrasives and construction industries

Bankruptcy Litigation

  • Defense of a bankrupt borrower's unfair trade action to enjoin its lender from the enforcement of its loan agreement and for disgorgement of prepaid receivables that had been pledged as collateral
  • Investigation and prosecution of lender's claim for conversion and liquidation of borrower's business in bankruptcy based upon fraud and self-dealing of debtor's principal
  • Defense through trial of preference litigation before the US Bankruptcy Court for the District of New Hampshire resulting in reduction of a $4.4 Million exposure by more than 90%
  • Prosecution of a lender's claim avoiding a debtor's discharge in bankruptcy based upon continuing concealment of fraudulent transfers to his children. In re Hayes, 229 BR 253 (1st Cir. BAP 1999)
  • Representation of trustee in adversary proceeding for the enforcement of agreements to pay for partially completed medical software
  • Special counsel to the trustee for the investigation and recovery of assets fraudulently transferred 20 years pre-petition
  • Prosecution of secured creditor's claim for conversion based upon fraud by debtor in possession
  • Representation of unsecured creditors in petitions for involuntary bankruptcy

Financial Services Litigation

  • Defense of a bank against lender liability claims brought by a national frozen food producer alleging that the bank's aggressive tactics in administering an operating line of credit caused its customer's bankruptcy and consequent breach of contract. Schwan's Sales Enterprises, Inc. v. Commerce Bank & Trust Co., 397 F.Supp, 2d 189 (D. Mass. 2005)
  • Enforcement of asset based loan agreement and successful defense of $6 million lender liability counterclaim through jury trial resulting in lender's full recovery of amount owed with costs
  • Investigation into the circumstances leading to a construction equipment supplier's insolvency and prosecution of claims for recovery of over $27 million withdrawn by the borrower's principals during the previous two years
  • Asset recovery from expatriate borrower
  • Representation of secured lender in the liquidation of large commercial contractor outside of bankruptcy, including prosecution and defense of a series of litigations on behalf of the defaulted borrower
  • Representation of secured lender in expanding scope of "dragnet" provisions of commercial loan agreement under Massachusetts law. Debral Realty v. Marlborough Cooperative Bank, 48 Mass. App. Ct. 92 (1999)
  • Prosecution of claims arising from "claw-back" terms upon breach of a defaulted commercial borrower's forbearance agreement with its lender and defense of unfair trade claims arising from such enforcement SMS Financial v. Conti, 68 Mass. App. Ct. 738 (2007)
  • Regulatory advice and defense of claims arising through the correction of material errors in loan documentation and related disclosures and the enforcement of same
  • Co-counsel in a jury trial to enforce an automobile dealer's floor plan financing agreement, including defense of professional liability claims raised by counterclaim
  • Accounting claims relative to missing ATM funds

 Memberships and Affiliations

  • Holden Municipal Electric Light Department Chair, 1987 - 2008
  • Family Services Organization of Central Massachusetts: Officer and Member, Board of Directors, 1986 - 2004

Published Works

  • Massachusetts Practice, Summary of Basic Law, Trusts, West 3d ed.
  • "Humility in the Courtroom for Bankers," BAI Banking Strategies, May 4, 2012

Distinctions

  • Recognized as AV Preeminent (5.0 out of 5.0) by Martindale-Hubbell
  • Former recipient. Greater Worcester Jaycees Outstanding Young Leader Award

 

Strategic/Practical/Responsive