“Where did the money go?”
Whether a borrower has filed for bankruptcy or is just threatening to do so this is one of the most common “mysteries” that drives creditors to hire the Goosmann Law Firm. Our attorneys in Sioux City, Omaha, and Sioux Falls put banking mysteries at rest with a broad range of experience conducting complex fraud and financial investigations.
Our Sioux City attorney, Sioux Falls lawyer, and Omaha attorney teams find creative solutions to complex problems facing lenders trying to work-out or collect debts in today’s legal environment. Our banking attorneys dive deep to find answers that directly affect the financial health, growth, and success of our clients.
What we do.
PROBLEMS AND HOW WE SOLVE THEM
“The deal is threatening to go ‘bad,’ what are my options?”
If you’re a lender and sense a deal is threatening to go “bad” because the borrower is struggling financially, give us a call. Read our blog here.
“Something doesn’t add up…”
You’ve crunched the numbers and then crunched them again. Things don’t add up. Do you suspect that the borrower is committing financial fraud? Call our law firm’s Sioux City, Omaha, or Sioux Falls office today and we will help bring clarity and take action to both investigate and resolve your fraud issue. Read our blog here.
“My client can’t pay and just filed for bankruptcy. What should I do now?”
Goosmann attorneys speak fluent bankruptcy. When a debtor can’t pay and files for bankruptcy, Goosmann attorneys work closely with and represent bankruptcy trustees, unsecured creditors, insurers, banks and financial institutions, brokers, shareholders and investors. Call us today!
Our Goosmann banking attorneys have experience in a multitude of areas within the banking and finance industry such as; complex litigation, finance and corporate lending, commercial bankruptcy, insolvency and restructuring, fiduciary advisory, financial institutions regulation, corporate governance, fiduciary liability insurance, commercial workouts, fraud, consumer lending litigation, broker deals, cyber security, and E-discovery.
What we offer
Our Sioux City, Omaha, and Sioux Falls legal team is your solid trial advocate during a banking and finance litigation matter. We have a depth of experience handling complex litigation matters representing fiduciary institutions within the following areas:
- Complex commercial litigation
- Consumer financial services litigation
- Consumer fraud litigation
- Insurance coverage litigation
- Indian tribal finance litigation
- Securities and financial litigation
Goosmann helps its clients resolve disputes arising under Divisions 3, 4, and 4A of the Uniform Commercial Code, the Electronic Funds Transfer Act (Reg E), Expedited Funds Availability Act (Reg CC), Bank Secrecy Act, FCRA, RFDCPA, FDCPA, RESPA (Reg X), TILA (Reg Z), and UDA(A)P Claims.
We’ve done over $ 2 Billion in deals. We make deals happen for our clients.
As a Sioux City, Omaha, and Sioux Falls law firm, the Goosmann banking attorneys handle a multitude of commercial lending transactions. These transactions include finance deals, commercial and individual bank loans, and asset-based transactions. Our team works to reduce risk to help make your deal happen as smoothly as possible, meeting your needs without the hiccups.
The Goosmann banking and finance practice covers all aspects of commercial lending transactions involving negotiation, front-end structuring, and documentation to work-out and insolvency and bankruptcy services.
How we can help you:
- Syndicated Lending
- Asset-Based Finance
- Real Estate Lending
- Single Bank Commercial Loans
- Structured Finance and Derivatives
Goosmann attorneys represent clients in complex corporate bankruptcy cases, debt restructurings and related litigation matters. Our team of bankruptcy and restructuring attorneys regularly represent debtors, secured and unsecured creditors, landlords, bankruptcy trustees, private investment funds, buyers of distressed debt/businesses and unsecured creditors’ committees.
Goosmann Sioux City lawyers, Omaha attorneys, and Sioux Falls lawyers also advise corporate clients with insolvency and debt restructuring during business bankruptcies under Chapters 7, Chapter 11, and Chapter 12 reorganization, out-of-court workouts, and bankruptcy litigation. Our commercial bankruptcy attorneys perform these services both within and outside formal insolvency proceedings.
How we can help:
- Chapter 11 reorganization cases
- Chapter 7 liquidation cases
- Chapter 12 reorganization
- Loan restructuring
- Commercial workouts
- Asset recovery and foreclosure
- Bankruptcy and creditors’ rights related litigation in state and federal courts
- Receiverships and assignments for the benefit of creditors
- Dissolutions of business entities
- Jurisdiction and venue
- Removal and remand
- Breach of fiduciary duty
- Contested confirmation hearings
- Cash collateral hearings
- Fraudulent transfers
- Preferential transfers
- DIP financing hearings
- Appointment of trustee or examiner
- Complex claims objections
- Assumption or rejection of executory contracts
- Adversary proceedings
- Asset sales
Don’t put business on hold. We keep financial institutions moving forward by ensuring they are compliant and act within regulation.
Our finance attorneys assist hedge funds, mortgage bankers and other financial services providers with creating new products, lending, licensing and origination, secondary market sales, securitizations, foreclosures, and litigation. We also advise nontraditional providers of financial services engaged in specialty lending, payment systems, mobile payments, stored-value systems, consumer lending, and ATM and debit networks.
We have represented clients during enforcement actions and hearings before the following regulators:
- Federal Reserve Board
- Federal Deposit Insurance Corporation (FDIC)
- Office of the Comptroller of the Currency (OCC)
- Office of Thrift Supervision (OTS) and state regulators
Our Sioux City, Sioux Falls, and Omaha attorneys ensure your company stays on the track to success while covering all your bases.
As a company within the banking and finance industry we understand you have more to think about than your clients and the services you provide. We take the weight off your shoulders guiding you through items that should grab your attention but not consume your time – that’s what our team is for.
We advise financial institutions on the following areas:
- Financial Institutions Regulation
- HR and employment advising
- Succession Planning
Whether you have or provide liability insurance, we can represent you when a claim is litigated.
Our trial attorneys and banking lawyers have experience in both the prosecution and defense during fiduciary liability insurance litigation matters.
Let us take care of the headaches so you can focus on your clients and business that matters.
EXPERIENCE & CASE RESULTS
Past case results do not indicate the outcome of your case and case results are not typical.
Drafted Certificate of Deposit (COD) agreements and counseled clients on COD matters.
Experience with Collaterized Debt Obligations (CDOs) and Collaterized Mortgage Obligations (CMOs), promissory notes and personal guarantees. Presented on UCC matters, written opinions of counsel, and regularly handle and counsel clients on collateralized debt cases.
Experience working with secured and unsecured creditors, the United States Trustee’s Office, the FBI, and the FDIC in conducting bank and bankruptcy fraud investigations.
Obtained favorable outcomes for entities, including national financial institutions, in collection actions.
Provided legal terms and conditions for bank use in online security/privacy customer standards.
Defended secured lenders, unsecured creditors, and other corporate clients in bankruptcy courts throughout the United States.
Represents banking institutions including national and regional advisory fiduciaries, financial advisors, insurance companies, investment and trust companies, and community banks in regulatory, corporate, financing matters, debt workouts, and regulatory and general business matters as well as out-of-court loan restructurings, commercial workouts and bankruptcies.
Obtained favorable results for financial institutions in foreclosures and complex commercial collections. Successfully represented secured creditors to repossess collateral and UCC matters.
Represents investment advisors, government securities brokers, entities registered pursuant to the Securities Exchange Act of 1934, Investment Co. Act of 1940, or Investment Advisors Act of 1940, and entities registered under state securities regulations and governed by FINRA.
Chaired the Official Committee of Unsecured Creditors and the Liquidating Trust of Deleware Company in Oklahoma Bankruptcy Court in which we recouped over significant assets for the creditors in a complex, highly contested involuntary bankruptcy case. Multiple adversary cases resolved at mediation.
Represented creditors and numerous dissolving companies and managed debtor creditor, employee and other wind-up issues.
Successfully represented physician’s clinic against a bankrupt debtor for fraud in construction of medical facility, trying the case before the Bankruptcy Judge to establish the debt as non-dischargeable.
Handled cases before various Commissions and counseled clients on Commission actions.
Handled cases involving promissory notes and counseled clients on promissory notes and drafted promissory notes.
Experience with commodities, common stock, and corporate bonds. Jeana Goosmann is the Vice-Chair of the Iowa State Bar Association Commercial Law & Bankruptcy Section.
Handled mergers and acquisitions involving warrants/rights and closed transactions with warrants/rights and counseled clients on such matters.
Represented numerous merging companies and counseling on transitional issues.
Provided legal terms and conditions for community bank for use in online security/privacy customer standards.
Reviewed and provided opinions for loan file reviews for financial institutions.
GOOSMANN ATTORNEYS HELP ESTABLISH NEW CASE LAW IN NEBRASKA ON ISSUE OF FIRST IMPRESSION REGARDING THE “NO DUTY” RULE
Goosmann Attorneys represented Bank of America, N.A., and helped establish new case law in Nebraska on an issue of first impression regarding the “no duty” rule. The goal was to persuade the Federal Court to side with other circuits on whether banks owe a duty of care to non-customer’s regarding allegedly fraudulent actions. Because of this case, banks in Nebraska now have a case they can rely on to establish that a bank does not owe a duty of care to a non-customer with whom the bank has no direct relationship regarding certain, allegedly fraudulent actions.
GOOSMANN REPRESENTS UNSECURED CREDITORS’ COMMITTEE IN ONE OF THE LARGEST BANKRUPTCIES EVER FILED IN NEBRASKA
Goosmann Attorneys represented the Official Unsecured Creditors’ Committee as local counsel in In Re: Specialty Retail Shops Holding Corp. a/k/a Shopko, one of the largest bankruptcies ever filed in the State of Nebraska. These attorneys have assisted with protecting the interests of thousands of unsecured creditors who could not otherwise afford to hire their own legal counsel. The case is currently pending in the United States Bankruptcy Court for the District of Nebraska.
GOOSMANN REPRESENTED SUCCESSFUL BIDDER IN LARGE RETAIL BUSINESS NATIONAL RETAIL CHAPTER 11 BANKRUPTCY LIQUIDATION
Goosmann Law represented venture capitalist, business liquidator Great American Group LLC and Tiger Capital Group LLC as local counsel in a Nebraska retail company, a national in scope bankruptcy. The Goosmann attorneys assisted with collateral rights issues at the onset of the case. The client became a successful bidder in the bankruptcy and liquidated most of the Debtor’s assets nationwide. The case involving the large national retail business remains ongoing as there are claims and assets continuing to be liquidated and creditors are still being paid off as the case is administered.
GOOSMANN LAW OMAHA ATTORNEY WINS BANK CLIENT JUDGMENT IN ADVERSARY BANKRUPTCY PROCEEDING
A Goosmann Law attorney represented an Omaha area bank creditor in an adversary bankruptcy proceeding. The opposing party, a business owner, filed for bankruptcy claiming his assets had inflated values. In his persistence to show his company’s value, the opposing party gave fraudulent accounts receivable and claimed he had a rare 1963 $.50 cent coin with only 5 in the world. The adverse party also claimed that the bank owed him millions alleging that they didn’t sell his collateral for fair market value. The twists and turns of this case continued and at the end the court ruled for the adverse party to pay Goosmann’s bank client due to finding fraudulent false documents and misrepresented financial records. The opposing party’s loan to the bank was not discharged and the bank client walked away with a win.