Bankruptcy, Restructuring & Workouts

Why

TOP PROBLEM

“My deal is threatening to go 'bad'. What can I do to protect my position as a creditor?"

It can be incredibly frustrating to be waiting on payments from someone and we understand your frustration. Often times the deal can be restructured into terms that all parties can handle. Let us help you create a plan and make sure that you get the money you are entitled to. Call us today!

“My borrower has threatened to file for bankruptcy. What should we do?”

Most credit managers have had a borrower file or threaten to file for bankruptcy if legal action is pursued. Don’t let this be you! Call one of our Sioux Falls, Sioux City or Omaha attorneys to better understand your rights as a creditor in the often complex world of bankruptcy!

How

SOLUTION

Goosmann Law Firm represents local, regional and national companies in a variety of bankruptcy and creditors’ rights matters, from the complex to the routine, in both business and consumer bankruptcy situations. Our attorneys help obtain relief from the automatic stay provisions of the Bankruptcy Code, obtain adequate protection for the use of secured creditors’ collateral, and reaffirmation of debts, as well as more complex matters such as bankruptcy sales, plan negotiation, and debtor-in-possession financing.

Goosmann lawyers represent clients in complex corporate bankruptcy cases, debt restructurings and related litigation matters. Our team of bankruptcy and restructuring attorneys regularly represent corporate 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

What we do.

PROBLEMS AND HOW WE SOLVE THEM

“The deal is threatening to go ‘bad’. What can I do to protect my position as a creditor?”

It can be incredibly frustrating to be waiting on payments from someone and we understand your frustration. Often times the deal can be restructured into terms that all parties can handle. Let us help you create a plan and make sure that you get the money you are entitled to. Call us today!

“My borrower has threatened to file bankruptcy. What do I do now?”

Most credit managers have had a borrower file or threaten to file for bankruptcy if legal action is pursued. Don’t let this be you! Call a Sioux fall attorney, Sioux City lawyer, or Omaha attorney today to better understand your rights regarding bankruptcy!

What we offer

SERVICES

Our primary goal is to help our corporate clients avoid bankruptcy through the negotiation of out-of-court loan restructurings and “workouts.” When bankruptcy simply cannot be avoided, our Sioux City attorney, Sioux Falls lawyer, and Omaha attorney teams are here to navigate our clients through the complex waters of bankruptcy court.

Our attorney team provides transactional and litigation services to corporate entities, secured lenders, trustees, receivers, unsecured creditors, official creditor and equity security holder committees, landlords, buyers and sellers of assets, lessors, lessees, investors and insurers.

  • Chapter 11 reorganization
  • Chapter 7 liquidation
  • Chapter 12 reorganization
  • Loan restructuring
  • Commercial workouts
  • Asset recovery and foreclosure
  • Debtor/creditor litigation
  • Dissolutions and winding-up of business entities
  • 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 sale

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.

CASE STORIES

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.

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