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.
Banking
We are committed to providing the firm’s banking clients with high quality legal services that respond to the banking and business needs of the clients. We are experienced in a broad range of banking law and corporate finance matters including, but not limited to drafting Loan Documents of every type and nature. We routinely represent Lenders in matter involving UCC repossession and foreclosing security interests, all aspects of asset collections, litigation involving real estate and foreclosures, bankruptcy, replevins, and defending lender liability assertions. We apply this expertise to achieve our client’s desired objectives in a timely and cost-effective manner.
Bankruptcy
We represent creditors in bankruptcies and bankruptcy related litigation, contested matters and adversary proceedings including stay litigation and contesting and negotiating the confirmation of reorganization plans. We take a practical approach to bankruptcy and creditors’ rights representation, recognizing the cost and risk of litigation, and the value of a speedy resolution.
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 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 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.
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.
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.
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.
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.
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.
Estate Planning
We provide a full range of estate planning services. Nash, Cohenour & Giessmann, P.C. helps individuals prepare estate plans that will minimize estate and gift taxes while maximizing family wealth management and asset protection. These services include preparation of Last Wills, Durable Powers of Attorney and Living Wills (Advance Directive to Physicians). Depending on the individual’s circumstances, the creation of family or individual trusts to minimize estate taxes can be an important part of an effective estate plan. Such planning may include Living Trusts, Irrevocable Trusts, and Charitable Trusts, among other estate planning vehicles.
Family Law
We provide a full range of services for individuals in all aspects of family law. We seek solutions best suited to the needs of our clients, whether through litigation, settlement, mediation or counseling. Nash, Cohenour & Giessmann, P.C. realizes that each day families are challenged by issues such as rising divorce rates, increasingly complex child custody cases, and complicated family planning including adoption, surrogacy, and premarital planning. Our attorneys can help address and resolve these delicate matters with confidentiality, care, agility and hands-on service. We provide personal and professional support through times that are highly emotional and that require calm and reasoned decision-making.
Foreclosures
We represent banks and other investors and lenders in connection with both residential and commercial loan enforcement proceedings. We assist lenders in the process necessary to enable them to proceed with foreclosure. Our attorneys are experienced and knowledgeable in the process required for each. We also represent clients in contested litigation, the correction of defects that impair the eventual titles to the transferred at foreclosure sale, the defense of counterclaims, and bankruptcy proceedings. In prosecuting a foreclosure action, we help our clients by identifying and implementing loss mitigation initiatives, such as deeds-in-lieu of foreclosure. These loss mitigation efforts usually present a “win-win” situation for both our client and the borrower, thus minimizing some of the negative attributes associated with the foreclosure process.
Income Tax
We provide services in a number of different areas of tax law. We can prepare and file income tax returns for estates, individuals and businesses, maximizing deductions and ensuring the return is properly prepared and documented. Changes in the tax code or its interpretation can have a profound effect on a company. Nash, Cohenour & Giessmann, P.C. quickly provides solid advice based on the timeliest information. We assist clients in better understanding the tax consequences of their transactions. We are careful to address any tax issues in the context of a client’s overall business objectives. Our attorneys plan and implement strategies to reduce the tax burden borne by businesses, individuals and their estates. We also provide client representation in the tax conflicts area.
Probate
We handle estate disputes between beneficiaries and Last Will contests, as well as representing fiduciaries in estate administration. If disputes cannot be resolved without litigation, we will advocate for the proper solution in court. Probate Administration is the area of law involved with the orderly distribution of a person’s assets after death. It also involves a review of the decedent’s estate to see if any taxes are due the government and if any debts are owed to creditors. At Nash, Cohenour & Giessmann, P.C., we work together when controversies arise in trust, estate and guardianship matters. Our attorneys represent individuals and institutions, whether beneficiaries or fiduciaries, in controversies including: the interpretation, administration and management of trusts and estates; will and trust contests; the reformation, clarification, modification and termination of trust instruments; demands for accountings by agents under durable powers of attorney; and contested guardianship matters. We seek the most appropriate means to resolve the case, whether through negotiation, mediation, arbitration or litigation, sensitive to the emotions that often accompany these types of disputes.
Real Property
Nash, Cohenour & Giessmann, P.C. offers a full range of services related to the acquisition, disposition, financing, leasing, management and use of real property, including lease and purchase and sale agreement negotiations and land use representation and litigation. Our attorneys are experienced in all aspects of commercial real estate, including acquisitions and dispositions, contracts of sale, leases, mortgage lending, and landlord-tenant rights and remedies. We assist clients in forming limited liability companies, limited partnerships and joint ventures to acquire and operate real estate and in financing acquisitions and management of both residential business/commercial rental properties. Our services include representing clients in real estate litigation such as landlord and tenant disputes, construction and contract disputes and premises liability.
Trusts
We provide a full range of estate planning services. Nash, Cohenour & Giessmann, P.C. helps individuals prepare estate plans that will minimize estate and gift taxes while maximizing family wealth management and asset protection. These services include preparation of Last Wills, Durable Powers of Attorney and Living Wills (Advance Directive to Physicians). Depending on the individual’s circumstances, the creation of family or individual trusts to minimize estate taxes can be an important part of an effective estate plan. Such planning may include Living Trusts, Irrevocable Trusts, and Charitable Trusts, among other estate planning vehicles.