F: (304) 343-3058
- Former Law Clerk to The Honorable Edwin F. Flowers and The Honorable Ronald G. Pearson, United States Bankruptcy Court for the Southern District of West Virginia
J.D. West Virginia University College of Law (1983)
B.S., Statistics; B.A., Economics, magna cum laude, West Virginia University (1980)
- Supreme Court of Appeals of West Virginia
- U.S. District Courts for the Northern and Southern Districts of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
- Admitted Pro Hoc Vice in numerous bankruptcy courts around the United States
Julie Chincheck concentrates her practice on creditors’ rights and bankruptcy law, financial services litigation and commercial and banking law.
Julie possesses a deep understanding of bankruptcy principles and law. She has been the responsible attorney for litigation matters and transactions relating to all types of bankruptcy and insolvency issues, both from a commercial and a consumer perspective. She served as co-counsel on West Virginia’s first Chapter 9 municipality bankruptcy. While she has most recently focused her practice on creditor and trustee representation, throughout her career she has represented creditors, debtors, trustees and official committees in a broad range of bankruptcy, reorganization and workout matters, including related litigation and business transactions, and buyers in connection with sales arising out of bankruptcy cases.
Outside of the courtroom, Julie regularly advises clients regarding pre-bankruptcy matters, as well as the benefits and burdens of a bankruptcy filing, whether the client is considering a bankruptcy filing or evaluating defensive positions in the event of a filing.
In addition to bankruptcy, Julie’s litigation practice is focused on creditors’ rights and commercial disputes, in which she represents banks and financial institutions, corporate entities, business owners and individuals. Recent cases involve claims of tortious interference, lender liability, bank officer wrongdoing, West Virginia Consumer Credit and Protection Act violations, judgment enforcement, mechanics’ lien perfection and enforcement, and lien priority disputes and enforcement.
Julie routinely handles commercial loan transactions and out-of-court workouts for banking and business clients. Julie's experience includes asset-based facilities, working capital facilities, floor plan financing, participating agreements and other finance projects. Clients also rely on her to review and negotiate their commercial contracts, including banking clients’ contracts with numerous national service providers.
Julie is a frequent lecturer on bankruptcy law, creditors’ rights and the Uniform Commercial Code, and she has authored numerous publications on bankruptcy and commercial law issues.
- Assisted in the drafting and review of local changes to Article 9 of the Uniform Commercial Code
- Former contributing author to the American Bankruptcy Institute’s Health Care Insolvency Manual
- Adjunct Professor, West Virginia University College of Law, Payment Systems, 2008-2013
- Authored The Effects of West Virginia’s Bankruptcy Exemption Statute on Resident Debtors, 86 West Virginia Law Review 227, 1983 (This article was cited in Sheehan v. Morehead, et al., 283 F.3d 199 (4th Cir. 2001)
- Successful representation of a major Virginia bank seeking payment for losses stemming from loans backed by forged collateral under a financial institution bond issued by a major insurance company.
- Successful representation of a former bank director and officer in litigation brought by the Federal Deposit Insurance Corporation.
- Successful representation of banks in lender liability cases in state and federal courts.
- Successful representation of a West Virginia bank in RICO and fraud litigation in state court.
- Successful representation of West Virginia banks in cases alleging violations of the West Virginia Consumer Credit and Protection Act.
- Defense of a major West Virginia bank in an action involving numerous purchasers in a failed land development alleging breach of contract, negligence, joint venture, conspiracy and agency, negligent misrepresentation and punitive damages
- Successful resolution on behalf of a major West Virginia bank seeking insurance coverage for losses sustained as a result of a bank customer's fraudulent activity
- Listed among the “Leaders in Their Field” by Chambers USA: America’s Leading Lawyers for Business in the areas of Corporate/Commercial Law - Banking & Finance
- Named to The Best Lawyers in America ® (Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law; Bet-the-Company Litigation; and Litigation - Bankruptcy)
- Named Best Lawyers’ 2016 Litigation - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Lawyer of the Year in southern West Virginia region
- Named Best Lawyers’ 2015 Litigation - Bankruptcy Lawyer of the Year in southern West Virginia region
- Peer-Review Rated AV by Martindale-Hubbell
- Recognized by West Virginia Super Lawyers (Banking), 2007-present
- May 26, 2017
- Charleston Gazette-Mail, April 23, 2017
- April 13, 2017
- August 15, 2016
- August 15, 2016
Presentations & Events
- Presentation: West Virginia Consumer Credit and Protection Act - Review & Update, by Floyd Boone, Julia A. Chincheck, Daniel J. Cohn, Sandra M. Murphy and Amy J. TawneyWest Virginia Bankers AssociationDays Conference Center, Flatwoods, West Virginia, December 3, 2014
- Presentation: Collecting Under the West Virginia Consumer Credit and Protection Act, by Julia A. ChincheckWest Virginia Bankers AssociationDecember 2014
- Presentation: Judgment Enforcement Remedies, by Julia A. Chincheck and Daniel J. CohnClient SeminarNovember 2014
- Presentation: Secured Loan Documentation Seminar, by Julia A. ChincheckWest Virginia Bankers AssociationSpring 2014
- Presentation: Mitigating Fair Lending Risk in the Current Regulatory Environment, by Julia A. ChincheckWest Virginia Bankers Association2014
- Presentation: Collecting Under the West Virginia Consumer Credit and Protection Act, by Julia A. ChincheckWest Virginia Bankers Association2014
- Presentation: West Virginia Consumer Credit and Protection Act - Review & Update, by Floyd Boone, Julia A. Chincheck, Stuart A. McMillan, Sandra M. Murphy and Amy J. TawneyWest Virginia Bankers AssociationCharleston, West Virginia, November 20, 2013
- Presentation: Fair Lending, by Floyd Boone, Julia A. Chincheck and Sandra M. MurphyWest Virginia Bankers AssociationDays Conference Center, Flatwoods, West Virginia, April 24, 2013
- Presentation: West Virginia's Amendments to Article 9, by Julia A. ChincheckWest Virginia Bankers Association2013
- Presentation: Risks Associated With Fair Lending Laws, by Julia A. ChincheckWest Virginia Bankers Association2013
- Presentation: Collecting Under the West Virginia Consumer Credit and Protection Act, by Julia A. ChincheckWest Virginia Bankers Association2013
- Presentation: Record Creation and Retention, by Julia A. ChincheckClient Seminar2011
- Presentation: Quick Refresher on Key Concepts in Bankruptcy, by Julia A. ChincheckWest Virginia Bankers Association2010
- Presentation: Lender Liability, by Julia A. ChincheckWest Virginia Bankers Association2010
- Presentation: Collection Compliance and Bankruptcy Law, by Julia A. ChincheckWest Virginia Bankers Association2010
- Presentation: Take Five: A Primer on the Five Stages of Lending, by Julia A. ChincheckWest Virginia Bankers Association2010
- Presentation: Bankruptcy Reform Act, by Julia A. ChincheckWest Virginia Bankers Association2005
- Presentation: Bankruptcy Seminar, by Julia A. ChincheckFDIC Regional MeetingOrlando, Florida, 2004
- Presentation: Bankruptcy Overview, by Julia A. ChincheckPresented to the bank auditors of the West Virginia Division of Financial InstitutionsCharleston, West Virginia, 2004
Articles & Alerts
- Filing a Proof of Claim for Debt That is Obviously Time-Barred Does Not Violate Fair Debt Collection Practices ActBanking e-alert, May 15, 2017
- Bowles Rice Banking Alert, April 10, 2017
- The Community Banker, Winter 2017
- Banking AlertBowles Rice Banking Alert, July 7, 2015
- Banking Alert, January 9, 2015
- "Bankruptcy Court Holds Truncated Name of Secured Party on Certificate of Title Still Perfected Lien"Banking Alert, January 8, 2015
- The Community Banker Magazine, Winter 2015
- "Filing a Proof of Claim Could Result in Violation of the Fair Debt Collection Practices Act," by Julia A. Chincheck and Daniel J. CohnThe Community Banker Magazine, Fall 2014
- "Do You Lose Privilege When Your Attorneys Sign Your Proofs of Claim?," by Julia A. Chincheck and Daniel J. CohnThe Community Banker Magazine, Spring 2014
- Banking Alert, April 2014
- The Community Banker Magazine, Fall 2013
- West Virginia Banker Magazine, Spring 2013
- "Client Alert: A Lien Exchanged Without Receiving Reasonably Equivalent Value Is Void As a Fraudulent Transfer," by Julia A. Chincheck and Michael C. CardiThe Community Banker Magazine, Summer 2012
- "A Lender's 'Unclean Hands' Voids the Enforceability of a Forebearance Agreement," by Julia A. ChincheckWest Virginia Banker Magazine, Spring 2012
- "Eighth Circuit Reaffirms the Importance of Accurately Listing a Debtor's Name when Filing UCC Financing Statements," by Julia A. ChincheckWest Virginia Banker Magazine, Spring 2011
- Copier Word Processing Supply, Inc. v. WesBanco Bank, Inc., et al. (applicable statute of limitations in case involving conversion of checks by employee)Amicus Brief, May 5, 2006
- Lucas, et al. v. Fairbanks Capital Corp., et al. (scope of duties of trustees and loan servicers in foreclosure)Amicus Brief, July 19, 2004
- State of W. Virginia v. Combs Services, et al. and Mountain Valley Bank, N.A. (priority of secured creditor lien over statutory lien created by preneed burial contact statute)Amicus Brief, August 1999
- American Bar Association (Litigation and Arbitration; Debt Collection and Bankruptcy; Consumer Financial Services; Uniform Commercial Code; Payments, Letters of Credit; Secured Transactions; and Financial Regulatory Reform committees)
- West Virginia Bar Association (Bankruptcy Committee)
- American Bankruptcy Institute
- Served on Local Rules Committee of the U.S. District Court for the Southern District of West Virginia and the U.S. Bankruptcy Court for the Southern District of West Virginia
- Kanawha County Bar Association
- Children's Therapy Clinic (Director)