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Adoption: Nash, Cohenour, Kelley & 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.
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 negotiable instruments, UCC repossession and
foreclosing security interests, all aspects of asset collections, litigation
involving real estate and foreclosures, bankruptcy, replevin, 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 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.
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.
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, Kelley & 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, Kelley & 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, Kelley & 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, Kelley & 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 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.
Guardianships: We
assist clients in seeking guardianship for incapacitated or incompetent family
members. Because of the increasing
population in the United
States of people living much longer lives,
the number of vulnerable or incapacitated persons, and therefore the need for
guardianship attorneys, has exploded. If a family member is unable to make
decisions on his or her own, you may need to have a guardian appointed to
protect his or her interests. Our attorneys will help you decide if the person
may be incompetent and in need of a guardian or if there is an alternative to
guardianship available. Whether you are
seeking to obtain guardianship of a friend or family member, or you find
yourself in the unfortunate situation of having to contest some aspect of an
existing guardianship matter, the attorneys at Nash, Cohenour, Kelley & Giessmann,
P.C. will be glad to assist you.
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, Kelley & 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, Kelley
& Giessmann, 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, Kelley & 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
of real estate. Our services include representing clients in real estate
litigation such as landlord and tenant disputes, construction and contract
disputes and premises liability.
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