David Fornal focuses his practice on state and federal litigation, representing national banks, community banks, lender service provides, private lenders and other financial institutions along large, medium-sized and small businesses and entrepreneurs in litigated matters throughout New Jersey, Eastern Pennsylvania and the New York metropolitan area.
A substantial portion of David’s commercial collections practice involves issues regarding the rights of mortgagees and mortgagors, the validity and priority of liens and the rights of parties to repossess, protect or retain collateral in foreclosure, receiverships, bankruptcy and assignments for the benefit of creditors. David has also developed a substantial expertise in assisting lenders with the liquidation of loans within the SBA 7(a) Loan Program. In the United States Bankruptcy Court, David represents secured creditors, commercial landlords, businesses and individuals in the pursuit and defense of motions, confirmation hearings and adversary proceedings. Additionally, David represents his clients in litigated matters involving title to real property, intellectual property rights, employment disputes and contract rights. Having served as the Law Clerk to the Mercer County Assignment Judge, David remains well-versed in matters relating to prerogative writs, Open Public Records Acts requests, election law and issues of jurisdiction and venue.
Among David’s achievements for firm clients are:
- Successfully litigated, collected and/or settled in excess of 1,000 defaulted commercial and business loans on behalf of financial institutions with loans ranging from $50,000 to $30 million
- Liquidation of real property and tangible/intangible personal property securing loans, including but not limited to liquor licenses, accounts receivable, equipment, inventory and vehicles
- Successful litigation, appeal and settlement of adversary proceedings and fraudulent transfer actions in the United States Bankruptcy Court
- Successful defense and dismissal of lender liability claims and counterclaims
- Litigation, appeal and settlement of cases involving alleged violations of the Equal Credit Opportunity Act
- Litigation and settlement of cases involving title insurance claims, deed/mortgage reformation actions, broker commissions, deposits for terminated purchase and sale agreements and disclosure of proprietary information
David and his wife, Lauren, an elementary school guidance counselor, reside in Hopewell, New Jersey and enjoy raising their three sons.
Professional Memberships & Activities
Admitted to the Bars of the States of New Jersey, Pennsylvania and New York and admitted to practice in the United States District Court for the Districts of New Jersey, Eastern Pennsylvania, Southern District of New York, and Eastern District of New York.
Member, New Jersey State Bar Association
Associate Member, New Jersey Bankers Association
Law Clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer County 2005-2006
Mediation Certification, Administrative Office of the Courts
Panelist, XTREME CLE – Debtor/Creditor and Bankruptcy Refresher, November 2012
Recognized by Super Lawyers as a Rising Star in the areas of General Litigation, Bankruptcy and Creditor/Debtor Rights. 2009, 2010, 2012, 2017, 2018, 2019 & 2020*
Former Member, Rotary Club of Hamilton Township – Past President 2013-2014
Member, The 1988 Charitable Foundation, Inc., Past President 2014-2015
Volunteer Basketball Coach, Hopewell Basketball Association
Board Member & Secretary, Hopewell Valley Soccer Association
Education
- Widener University School of Law, J.D., magna cum laude, 2005.
- Muhlenberg College, B.A. (History), 2002.