In the areas of finance, real estate and construction, clients are typically faced with complex, interrelated challenges that have significant monetary consequences. Enter Ron. Ron is able to identify the critical issues that affect the client’s business, and works with the client to achieve the desired result in the most efficient manner. With a background in both transactions and litigation, Ron brings the skill set to help determine a proper course of action that will result in a favorable resolution for the client.
Ron helped a senior lender on the financing of the construction of a multi-million dollar assisted living / skilled care facility. The credit facility was structured as the purchase of bonds issued by a governmental finance authority. After the project had been initially designed, construction contracts let, initial permits and approval of the finance authority obtained, certificate of need issued and subordinate financing structured, the project and its permitting were placed in jeopardy by a challenge from neighbors before the permitting authority which resulted in related litigation. Ron worked with the lender and project participants as the project went through an extended period of redesign, resolution of litigation, project repricing, feasibility analysis and related modification of required permitting and approvals, as well as contractual commitments. Ron helped the lender protect its interests while accommodating the necessary changes to the project in light of the challenges presented. The project, as well as the lender’s relationship with its borrower, were preserved.
- Creighton University School of Law (J.D., 1976)
- Creighton University (B.S.B.A., Magna Cum Laude, 1974)
- Nebraska (1983: Sustaining Member)
- Iowa (1976)
In its newly released 2023 edition, The Best Lawyers in America® has recognized 44 McGrath North attorneys in the full range of specialty practice areas key to supporting businesses of all sizes across a broad range of industries, and 28 attorneys have been recognized for 10 years or more. Of these attorneys recognized based on peer-review surveys, seven were named “Lawyer of the Year.” This honor is awarded to only one attorney with the highest overall peer-feedback for a specific practice area and geographic location.
Iowa Law Alert: The Iowa Supreme Court Decides A Lender's Security Interest Is Inferior To Later Perfected Feed Supplier Liens
In 2010 we reported on an unfavorable decision for secured lenders to livestock producers in Iowa issued by the Iowa District Court for Sioux County, Doon Elevator Company v. American State Bank, Case No. LACV022572 (the “Doon Decision”). The Doon Decision allowed an elevator that supplied feed to a hog producer to prime a lender’s prior perfected security interest in the producer’s hogs and their proceeds. The Iowa District Court ruled in favor of the feed supplier despite the fact that the feed supplier had not complied with the notice to prior secured creditor requirements contained in I.C.A. §570A.2(3). We warned that the Doon reasoning, if eventually accepted by the Iowa Supreme Court, could have serious consequences to lenders who provide secured financing to Iowa livestock producers.
Lenders engaged in agricultural lending to Iowa livestock producers need to be aware of a recent unpublished decision of the Iowa District Court for Sioux County, Doon Elevator Company v. American State Bank, Case No. LACV022572 (the “Doon Decision”). The Doon Decision involved the efforts of an elevator that supplied feed to a hog producer to prime a lender’s prior perfected security interest in the producer’s hogs and their proceeds. The Iowa District Court ruled in favor of the feed supplier despite the fact that the feed supplier had not complied with the notice requirements in I.C.A. §570A.2(3). As noted below, although Doon is unpublished, and its reasoning is questionable, it nevertheless has the potential to seriously impact lenders who finance Iowa livestock producers.
- Omaha Bar Association
- Nebraska State Bar Association
- Iowa Bar Association
- American Bar Association
- Beta Gamma Sigma
- Board Member, Council Bluffs Chamber of Commerce
- Past President of the Nebraska Bank Attorneys Association
- Member, ABA Forum on the Construction Industry
- Past Member, ABA Subcommittee on Mortgage and Other Debt Financing
- Member, Executive Committee of Bank Attorneys Section of Nebraska Bar Association
- Listed: “Best Lawyers in America”, Construction Law, Land Use and Zoning Law, Real Estate Law
- “Best Lawyers in America” Omaha Land Use and Zoning Law Lawyer of the Year 2020
- Fellow, Nebraska State Bar Foundation
- Listed: Martindale-Hubbell, AV/Preeminent Rating
- Related Practices
- Banking and Commercial Financial Services
- Business and Corporate
- Litigation and Dispute Resolution
- Real Estate
- Related Industries