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James J. Niemeier

James J. Niemeier

Attorney

“My clients get practical solutions at a reasonable cost.”

Jim has over 25 years of experience representing clients with commercial, financial and bankruptcy related legal issues, and has been involved in many of the largest bankruptcies filed in Nebraska, as well as represented numerous creditors in other foreclosure, and collection cases in the state and across the country. Clients come to Jim with challenges involving collection of secured and unsecured obligations, cash flow problems, and many more situations faced by business owners. When counseling a client on how to move forward, Jim uses a straight-forward approach to simplify what are often complicated business issues so the client can understand them. Jim prefers negotiating a prompt resolution and minimizing the impact of any course of action on his client’s business’s bottom line, but also won’t hesitate to litigate those matters that can’t be resolved across a table. Once he’s set the course, Jim delivers a practical game plan that focuses on the best result at a reasonable cost.

Case Study / Success Story:

One of Jim’s more recent successes that also offered some challenging legal and strategic issues was the protection of a secured lender with over $20 million of exposure to a large farrow to finish hog feeding operation with locations in North Carolina and Georgia. The Lender was financing the feeding operation, and Jim became involved when the feeding operation became financially troubled, and then filed bankruptcy in North Carolina. Jim negotiated a favorable debtor in possession or “DIP” financing arrangement for the Lender in the bankruptcy case, then defended it against several challenges in the case, concluding the matter with the Lender being paid its full claim in less than a year.

Education
  • Creighton University School of Law (J.D., 1988)
  • Kearney State College (B.S., Magna Cum Laude, 1984)
Admissions
  • Nebraska (1988: Sustaining Member)
  • U.S. Court of Appeals, Eighth Circuit (1999)

News

More News
08/20/2024

McGrath 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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08/22/2023

McGrath North's Team Receives Broad Recognition from The Best Lawyers in America® 2024

 


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Alerts

08/28/2023

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 Publications
03/02/2021

Lender Priority In Collateral May Be Impacted By Amendments To The Packers And Stockyards Act

 


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02/08/2021

Bankruptcy Update – Protecting Secured Claims In The New Year

With chapter 11 bankruptcy filings on the rise, all businesses are expected to begin feeling the impacts this year. This article provides a summary of significant changes to the bankruptcy code that lenders should be aware of as they navigate anticipated increased bankruptcy filings from borrowers.  


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  • American Bar Association
  • American Bankruptcy Institute
  • Nebraska State Bar Association
  • Omaha Bar Association
  • Creighton University Law Review
  • Listed: “Best Lawyers in America”, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation
  • Listed: Martindale-Hubbell, AV/Preeminent Rating