Creditors’ Rights

We represent secured and unsecured creditors in providing services in the areas of loan workouts, asset recovery and debt collection. We perform a wide range of services for clients who are seeking to assert or perfect their rights in property in which they have an interest. Despite the best intentions of the participants, not all financing transactions are successful. Nash, Cohenour & Giessmann, P.C. provides advice and legal counsel to financial institutions and other creditors in connection with all types of financing and business transactions, from credit card loans to major bankruptcy matters. Where workouts are possible, they can benefit both sides. When they are not, our attorneys are experienced in foreclosing on real and personal property security and in dealing with complex bankruptcy issues when they arise. Our attorneys are seasoned litigators who regularly prosecute and defend matters involving collections, replevins, garnishments, receiverships, attachments and mechanics liens in virtually every type of commercial, industrial and real estate transaction.

 

Contracts

We assist individuals and businesses in drafting, interpreting and enforcing contracts. We provide legal counsel for all areas of contract negotiating, drafting, reviewing and enforcement. We provide comprehensive legal support to clients, including litigation support, if necessary. We also advise clients on the rights and liabilities under existing contracts. Our proactive approach allows us to suggest contract language that minimizes harm or expense and facilitates prompt payment and good customer relations.

 

Commercial Law

Nash, Cohenour & Giessmann, P.C. provides responsive, clear and strategic commercial advice delivered in a way that can efficiently be used within your business. We focus on commercial solutions which protect you against key risks and deliver you the agreed outcome. We can advise you on a wide range of commercial matters, including contract review, negotiation, drafting, business formation and entity selection, sale and purchase of a business and business closings, commercial leases, shareholder agreements, restrictive covenants and non-compete agreements, contractor claims and more. Our attorneys advise our clients about directors’ and officers’ liability, dissolution, reorganization and shareholders’ rights. We represent a wide range of business clients, including providing legal assistance for banks and private lenders in closing transactions. If you are involved in a business dispute or are facing a shareholder action, our attorneys have the experience and knowledge necessary to protect your interests.

 

Collections

We offer extensive experience assisting clients with their collection efforts. We represent credit grantors, lenders, credit card companies, financial institutions and others who have difficulty collecting receivables. If a monetary settlement can not be reached due to lack of funds, we will explore other means of debt collection by attaching business and personal property, including real estate, cars and equipment. We have the experience and knowledge to obtain a judgment for the money owed to you. We will assist you in collecting debts and obtaining judgments while complying with all provisions of the Fair Debt Collection Practices Act.

 

Civil Litigation

We represent clients in litigating and arbitrating disputes in all areas of practice in which we are involved. Whether the underlying dispute is commercial, construction, personal injury, real estate, tort or contract, we protect our clients’ interest, striving to perfect a balance between aggressively litigating and negotiating a settlement that is financially beneficial regardless of an outcome at trial. Once litigation has begun, we continue to look for the possibility of a reasonable settlement. We have the background and experience to handle protracted or difficult negotiations when that is desirable, to settle a case quickly when that is judicious, and to try a case to jury verdict when that is the appropriate or necessary solution.

 

Business Organization

We assist new businesses (Limited Liability Companies, Limited Liability Partnerships, General Partnerships, S and C Corporations and Sole Proprietorships), with state filings, drafting of operating agreements and standard contracts, ownership transfers, negotiating executive and employee agreements, and other operational matters, including exit planning and dissolution.

 

Business Litigation

We offer reliable and effective legal counsel to help your company avoid and resolve business disputes before they become matters for costly litigation. We also handle the litigation of business disputes arising from contracts, transactions or disagreements among shareholders, owners or partners.

 

Business Transactions

We handle all commercial transactions for our business clients including the drafting and legal review of business deals and property transactions, such as the purchase or sale of commercial property, buy/sell agreements and contracts.

 

Arbitration / Mediation

We assist clients in resolving legal conflicts in the forum that is best suited to their strategic interests. We advise clients on arbitration and mediation and assist them in determining when a form of Alternative Dispute Resolution is in their best interest and meets their needs better than traditional litigation. ADR proceedings are private, involving only the parties on both sides and a neutral person and the outcome can be confidential. Thus, sensitive information can be protected from public scrutiny.

Adoption

Nash, Cohenour & Giessmann, P.C. assists adoptive parents, birth parents, foster parents and adoption agencies in closed and open adoption proceedings. We promote the placement of children in permanent, stable homes through all types of adoption.