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EXPERIENCE FOR WHAT COUNTS.

Gislason & Hunter represents numerous financial institutions with sophisticated counsel and experienced representation across the spectrum. Thoroughly familiar with financial economic conditions and the ever-evolving regulatory environment, our finance and banking attorneys provide legal guidance, practical solutions and litigation services.

Cases & Clients

  • Collection Cases Involving Counterclaims

    Represented banks in collection cases involving counterclaims claiming oral modifications of credit agreements, defamation, interference with contractual relationships, interference with business contractual relationships, lender liability, principal liability, negligence, breach of covenant of good faith and fair dealing, deceptive trade practices and accounting. Negotiated numerous workouts and forbearance agreements in connection with loans involving real estate, manufacturing, service, distribution, retail and franchise interests.

  • Complex Credit Facilities and Forbearance Agreements

    Assisted financial institutions in drafting complex credit facilities and forbearance agreements.

  • $1 Million AR Collection

    Represented a client in a $1 million AR collection matter in Vietnam.

  • Dispute Over Ownership of Real Property

    In 2014, Jennifer Lurken successfully tried a dispute over ownership in the Bankruptcy Court. Jennifer’s client was claiming ownership in real property based upon a signed deed from the debtor’s father. The debtor’s father claimed he had not executed the deed and therefore, he was the rightful owner of the real estate. The Bankruptcy Court ruled the deed was in fact signed by the debtor’s father. Therefore, the real property was the debtor’s asset and could be liquidated for the benefit of the unsecured creditors.

  • $80 Million Asset Acquisition

    Represented a client in an $80 million asset acquisition in conjunction with the competitive bidding process, leading the initial negotiations with the seller and seller's investment bankers and attorneys, drafting the Letter of Intent and performing due diligence in three states in the U.S. and advising client in conjunction with a Section 363 Sale proceeding.

  • U.S. Bank Nat’l Ass’n as Trustee v. Lamb, et. al.

    U.S. Bank Nat’l Ass’n as Trustee v. Lamb, et. al.; Iowa Supreme Court Case No. 14-1536 David Nelmark served as lead counsel, drafted appellate brief, and presented the oral argument in a case of first impression with significant impact on the banking and real estate industries. 874 N.W.2d 112 (Iowa 2016)

  • Disputed Claims to Collateral

    In 2017, Dean Zimmerli represented a bank with a blanket security interest in all of the borrower’s equipment other personal property. After the borrower’s business failed, the client realized many pieces of equipment has been hidden and given to a family member of the borrower. Dean was successful in obtaining a temporary injunction from the court against the family member prohibiting the family member from transferring or selling the collateral, and eventually the collateral was all reclaimed by the bank. Prior to a jury trial on the outstanding issues in the case, legal research by Dean concerning security interests and ownership questions led to a favorable settlement for the bank. Dean has represented banks and other lenders in numerous cases involving foreclosure, security interests, bankruptcies, priority disputes, and loan defaults.

  • Litigation of Preference and Fraudulent Transfer Avoidance Claims

    In 2016, Jennifer Lurken successfully defended her client against avoidance actions in excess of $20 million. The client had loaned $20 million to the bankrupt debtor and the bankruptcy trustee was attempting to undue the transaction and recover not just the principal paid to the client but the interest as well. Prior to trial, Jennifer’s legal research and investigation skills, she was able to obtain a favorable settlement for the client. Jennifer routinely represents banks and other lenders in obtaining relief from stay in bankruptcy.

  • Contested LLC Non-Judicial Dissolution

    In mid-2017, Christopher Bowler assisted one of two 50-50 limited liability company owners in the non-judicial dissolution of the LLC.  Although the dissolution process was highly contested, Chris was successful in negotiating the terms of the dissolution on behalf of his client without a need to seek judicial intervention.  Aside from this particular dispute, Chris also assists various types of business entities (such as corporations, LLCs, and partnerships) in various corporate governance matters.

  • Pundt v. Select Portfolio Servicing, Inc., et. al.

    Pundt v. Select Portfolio Servicing, Inc., et. al.; Northern District of Iowa, Case No. 10-cv-159 David Nelmark deposed the plaintiff who had asserted claims under the Fair Credit Reporting Act and drafted the briefs leading to summary judgment for his client. 2012 WL 2312074 (N.D. Iowa June 18, 2012).

  • Appointment as a Receiver

    In 2012, Jennifer Lurken was appointed as the receiver to manage a hotel. The hotel owner was in default on its secured loan. The secured creditor desired the hotel to be sold as a going concern in an effort to maximize value for purposes of a sale. Jennifer installed new management over the hotel, decreased the deficit the hotel was operating under and sold the hotel, allowing the secured creditor to recover more than it would have recovered in a liquidation.

  • Representation of Secured Creditor in Bankruptcy Proceeding

    In 2017, Jennifer Lurken represented a bank with a blanket security interest in all of the borrower’s equipment and other personal property and real estate. After debtor filed bankruptcy, Jennifer obtained relief from the automatic stay. Jennifer then used her negotiation skills to obtain an agreement from the bankruptcy trustee and the debtor for the turnover of the equipment and real estate via deeds in lieu of foreclosure. Jennifer has represented lenders in cases involving foreclosure, secured interests, priority disputes, tax liens and loan defaults.

  • $100 Million Commodity Futures Claims

    Represented clients in commodity futures claims over $100 million in conjunction with MF Global bankruptcy.

  • $300 Million Loan Refinancing

    In early 2017, Christopher Bowler assisted in a loan refinancing project that resulted in a $300 million syndicate loan.  Chris’ involvement in the refinancing project included drafting multiple promissory notes, perfecting security interests in multiple states, and verifying the enforceability of mortgages and collateral assignments filed on over 50 different parcels of real property.

  • Commercial and Agricultural Collection Actions

    Christopher Bowler has assisted in the collection of secured and unsecured commercial and agricultural debts ranging in value from tens of thousands to millions of dollars.  Chris’ collections experience includes pre-litigation case assessments; foreclosures by advertisement; drafting complaints and commencing lawsuits; early motions, such as replevin and foreclosure motions; discovery matters, including written discovery, depositions, and discovery motions; dispositive motions; and post-judgment collection efforts.

  • Lending Litigation

    In October of 2017 Cory Genelin concluded multiyear litigation on behalf of a farm lender over a $3.125M agricultural loan assigned from another bank. The debtors defaulted and then denied any liability to the lender. (One of the debtors even denied the lender existed!) Prior to litigation the debtors had liquidated collateral, and mingled assets with another operation. A farm visit to inspect collateral turned violent and law enforcement was called.

    The debtors alleged the entire panoply of spurious counterclaims including FDCPA violations, Minnesota Farm Lender Act violations, fraud and theft.

    After discovery, depositions and motion practice Mr. Genelin got the debtors to reverse course, admit liability, and give up on their counter claims. They executed a confession of judgement and eventually paid off the debt in full including interest, penalties, and attorney fees.

    See Sherburne County File No. 71-CV-16-1448

  • Tax Exempt Status

    Represented a client in an IRS action challenging the tax exempt status on the client's $9 million IDRB issued to finance production facility.

  • Lender Liability

    Advised a client as to potential lender liability for foreclosing on environmentally hazardous properties.

  • $330 Million Debt Financing

    Represented a client in conjunction with $330 million debt financing.

  • Ownership of Source Code

    Represented group of banks and financial organizations in a dispute on the ownership of the source code used to build their financial transaction platforms online.