Education
- University of Texas School of Law (J.D., 2000)
- Augustana College (B.S., Cum Laude, 1997)
Admissions
- Nebraska (2000: Sustaining Member)
- U.S. District Court for the District of Nebraska (2001)
- U.S. Court of Appeals, Eighth Circuit (2003)
News
More NewsMcGrath North Celebrated in the 31st Edition of The Best Lawyers in America® and the Fifth Edition of Best Lawyers: Ones to Watch®
McGrath North is proud to announce that it has achieved significant recognition in the latest editions of both The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. In the 31st edition of The Best Lawyers in America®, 45 of our attorneys have been honored across 60 distinct practice areas, showcasing the firm’s deep expertise and commitment to delivering exceptional legal services.
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Events
More EventsAlerts
Eighth Circuit: Bankruptcy Plan Confirmation Requirements Do Not Mandate Using Prime Rate Or Treasury Bond Rate In Determining Discount Rate For Secured Claims
When a borrower files for bankruptcy, one of the key issues in the case is often whether the borrower’s bankruptcy plan proposes making payments to its secured lender that have a present value of at least the allowed amount of the lender’s secured claim. The need to calculate present value often gives rise to disputes about the appropriate discount rate to be used in making the calculation.
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Publications
More PublicationsDistressed Debt - How Can an Unsecured Creditor Ensure Payment?
With chapter 11 bankruptcy filings on the rise, all vendors should use this opportunity to evaluate the credit risks that their customers present. Short of terminating the relationship for nonpayment, there are some actions that vendors can take to minimize the risk of continuing to do business with a struggling customer. Below we discuss a variety of possibilities, including some that are not often used but can be very helpful in protecting a vendor’s position.
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Helpful Remedies for Trade Creditors When Customers File for Bankruptcy
Trade creditors often find themselves, especially in hard economic times, in the familiar scenario where struggling customers purchase goods on credit approaching or exceeding their credit limits—in some cases making rosy predictions to creditors about the customers’ prospects for success—only to file for bankruptcy, stiff unsecured creditors for goods purchased in the days leading up to the bankruptcy filing, and use the goods purchased to support the customer’s operations in bankruptcy. Prior to 2005, trade creditors were generally rewarded for their willingness to work with debtors in these situations with general unsecured claims for unpaid shipments, unless their claims were reclamation claims entitled to administrative-expense status. In most cases, this resulted in creditors receiving distributions on their claims in tiny bankruptcy dollars, i.e., distributions worth a fraction of the value of the goods shipped. In 2005, Congress, in connection with its enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”), sought to remedy this situation to some degree by adopting two provisions that significantly alter the relationship between debtors and trade creditors.
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- Omaha Bar Association
- Nebraska State Bar Association
- American Bar Association
- Texas Review of Law and Politics, 1998-2000
- Judicial Clerk for Justice Michael McCormack, Nebraska Supreme Court, 2000-2001
- Lecturer on BAPCPA, secured transactions, judgment enforcement, FDCPA, guarantees, avoidance actions, and franchising
- Listed: Martindale-Hubbell, AV/Preeminent Rating
- Listed: “Best Lawyers in America”, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Franchise Law