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Kevin W. Tompsett

Member

ktompsett@harrisbeachmurtha.com
D: (585) 419-8738  
- Rochester, NY Office
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Kevin Tompsett
Profile
Representative Matters
Resources
Distinctions

Kevin represents banks, credit unions, finance companies, long term care facilities and other creditors in consumer and commercial litigation, including replevin and fraudulent conveyance actions, and enforcement of money judgments.   He also represents secured and unsecured creditors in bankruptcy and insolvency matters, including plan negotiation and confirmation issues, stay relief motions, and preference and nondischargeability actions.

Kevin regularly represents long-term care facilities with regard to maximizing recovery on their delinquent accounts.  His knowledge of the Medicaid application process enables him to work with residents, their family and/or representatives to ensure Medicaid applications are timely filed.  He pursues, if available, claims based on the failure to timely file Medicaid applications, and intervenes when a resident’s Net Available Monthly Income is not being paid over to the facility once Medicaid is approved.  Kevin also handles debt collection litigation and post-judgment enforcement on behalf of long-term care facilities, including pursuing claims for breach of contract, account stated, unjust enrichment, and fraudulent conveyance.  He works closely with the firm’s Health Care Industry Team if it appears that a resident may be in need of the appointment of a guardian.  He also provides legal advice regarding best practices during the long term care facility application process, assistance with modifying and updating admission agreements, and securing assignments of residents’ income.

  • Represents health care and long term care facilities in litigation including fraudulent conveyance and Medicaid issues and estate proceedings.
  • Represent corporate client in pursuing fraudulent conveyances/alter ego claims in state court resulting in recovery in full.
  • Handles workout and bankruptcy matters for various corporate clients including Farm Credit East ACA, Tompkins Trust Company, Mahopac Bank and others.
Insights
April 2, 2025

What to do When You Receive a Bankruptcy Preference Demand Letter

Receiving a bankruptcy preference demand letter can be scary, infuriating and confusing. Here’s what to do.
March 9, 2023

U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy

The U.S Supreme Court ruled that a debtor who is liable for their partner’s fraud can not discharge this debt in bankruptcy.
January 12, 2023

New York Enacts Law Limiting Lenders in Foreclosure Actions

Gov. Kathy Hochul signed the Foreclosure Abuse Prevention Act, hindering lenders and servicers’ foreclosure ability on New York homeowners.
December 7, 2022

Liens and Wage Garnishment for Medical Debt Outlawed in New York

Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wag
February 11, 2022

New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act

For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per a
December 15, 2021

Consumer Credit Fairness Act Signed Into Law

On November 8, 2021, Governor Hochul signed into law the Consumer Credit Fairness Act (Legislation S.153/A.2382). The intent behind the legi
January 25, 2021

Supreme Court Holds Creditor Retention of Debtor’s Property Does Not Violate “Automatic Stay”

The Supreme Court of the United States recently issued a decision regarding the scope of the “automatic stay” codified at section 362 of the
April 2, 2020

COVID-19 Crisis Allows Financial Institutions to Grant Forbearance to Those With Financial Hardship

The COVID-19 crisis has resulted in a state and federal response to provide immediate assistance to those individuals that have experienced
News
August 20, 2026

123 Harris Beach Murtha Lawyers Recognized as 2027 Best Lawyers® Award Recipients; 10 Earn “Lawyer of the Year” Recognition

Best Lawyers honorees are selected through a peer-review process evaluating professional excellence within specific practice areas and geogr
August 21, 2025

More Than 100 Harris Beach Murtha Lawyers Recognized as 2026 Best Lawyers® Award Recipients; 11 Earn “Lawyer of the Year” Recognition

Best Lawyers provides trusted, peer-reviewed recognition of top legal professionals, helping clients find credible, experienced counsel.
October 15, 2021

Kevin Tompsett Discusses Slowdown in Bankruptcies

Fewer people are filing for bankruptcy in the Western District of New York and across the state, but that may be a short-lived trend,
Events

Harris Beach Attorneys Presenting “Fiscal Readiness for Long-Term Care Organizations” Webinar

August 18, 2020
Attorneys Wendy Kinsella, Kevin Tompsett, Lee Woodard and Heidi Schult Gregory will present a webinar in partnership with the New York State
External Publications

Speaker: Area high schools on CARE, a national Credit Abuse Resistance Education program teaching teens and young adults about the consequences of overspending and abusing consumer credit

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Professional and Civic

  • Monroe County Bar Association, member
  • New York State Bar Association, member
  • Vermont Law Review, member
  • Avon Rotary Club, past president and former member
  • Honeoye Falls Under 10 Travel Soccer Team, coach

Recognition

  • Best Lawyers, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, since 2024
  • Best Lawyers, “Lawyer of the Year,” Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2026
  • Super Lawyers, Creditor Debtor Rights, Business Litigation, Bankruptcy, 2020
  • Avon Rotary Club, Rotarian of the Year Award, 2007; Paul Harris Fellow
Admissions
New YorkU.S. Bankruptcy Court, MassachusettsU.S. Bankruptcy Court, New York - Eastern DistrictU.S. Bankruptcy Court, New York - Northern DistrictU.S. Bankruptcy Court, New York - Southern DistrictU.S. Bankruptcy Court, New York - Western DistrictU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western District
Education

Vermont Law School

JD 
1999

State University of New York at Oswego

BA 
1995
cum laude

Capabilities

Legal Practices

Co-Leader for:

Financial Restructuring, Bankruptcy and Creditors’ Rights

Member of:

Financial Restructuring, Bankruptcy and Creditors’ Rights

Industry Teams

Member of:

Long-Term Care
Financial Institutions
Health Care
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Kevin Tompsett

Kevin W. Tompsett

Member

ktompsett@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Kevin Tompsett

Kevin W. Tompsett

ktompsett@harrisbeachmurtha.com
D: (585) 419-8738
Rochester, NY Office

Profile

Kevin represents banks, credit unions, finance companies, long term care facilities and other creditors in consumer and commercial litigation, including replevin and fraudulent conveyance actions, and enforcement of money judgments.   He also represents secured and unsecured creditors in bankruptcy and insolvency matters, including plan negotiation and confirmation issues, stay relief motions, and preference and nondischargeability actions.

Kevin regularly represents long-term care facilities with regard to maximizing recovery on their delinquent accounts.  His knowledge of the Medicaid application process enables him to work with residents, their family and/or representatives to ensure Medicaid applications are timely filed.  He pursues, if available, claims based on the failure to timely file Medicaid applications, and intervenes when a resident's Net Available Monthly Income is not being paid over to the facility once Medicaid is approved.  Kevin also handles debt collection litigation and post-judgment enforcement on behalf of long-term care facilities, including pursuing claims for breach of contract, account stated, unjust enrichment, and fraudulent conveyance.  He works closely with the firm's Health Care Industry Team if it appears that a resident may be in need of the appointment of a guardian.  He also provides legal advice regarding best practices during the long term care facility application process, assistance with modifying and updating admission agreements, and securing assignments of residents' income.

Areas of Expertise

Legal Practices

Co-Leader for:

Financial Restructuring, Bankruptcy and Creditors’ Rights

Member of:

Financial Restructuring, Bankruptcy and Creditors’ Rights

Industry Teams

Member of:

Long-Term Care
Financial Institutions
Health Care

Focuses

Please select listing to show.

Admissions

New YorkU.S. Bankruptcy Court, MassachusettsU.S. Bankruptcy Court, New York - Eastern DistrictU.S. Bankruptcy Court, New York - Northern DistrictU.S. Bankruptcy Court, New York - Southern DistrictU.S. Bankruptcy Court, New York - Western DistrictU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western District

Representative Matters

  • Represents health care and long term care facilities in litigation including fraudulent conveyance and Medicaid issues and estate proceedings.
  • Represent corporate client in pursuing fraudulent conveyances/alter ego claims in state court resulting in recovery in full.
  • Handles workout and bankruptcy matters for various corporate clients including Farm Credit East ACA, Tompkins Trust Company, Mahopac Bank and others.

Distinctions

Professional and Civic

  • Monroe County Bar Association, member
  • New York State Bar Association, member
  • Vermont Law Review, member
  • Avon Rotary Club, past president and former member
  • Honeoye Falls Under 10 Travel Soccer Team, coach

Recognition

  • Best Lawyers, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, since 2024
  • Best Lawyers, “Lawyer of the Year,” Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2026
  • Super Lawyers, Creditor Debtor Rights, Business Litigation, Bankruptcy, 2020
  • Avon Rotary Club, Rotarian of the Year Award, 2007; Paul Harris Fellow
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 17, 2026 4:28 am