Thomas O. Ashby

1500 Woodmen Tower
1700 Farnam Street
Omaha, NE 68102-2068

tashby@bairdholm.com
T: 402.636.8280
F: 402.344.0588

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Thomas O. Ashby, a member of the firm’s Financial Transactions Section and its Bankruptcy and Creditor Rights and Technology and Intellectual Property Groups, practices in the areas of bankruptcy, creditor rights (including rights in electronic commerce), commercial litigation and loan documents.  He regularly advances clients’ interests in debt-credit matters through establishing credit/collection forms and procedures, documenting credit transactions, negotiating credit defaults and/or litigating as appropriate.

Before joining the firm, Mr. Ashby served as an intern in the Washington office of Congressman James Leach.

Selected Practice Highlights

• Obtained significant payments for creditors after state court litigation, such as a seven-figure mortgage foreclosure in Iowa that was fully paid, including interest on attorney fees incurred by the creditor, and a seven-figure realty foreclosure in North Dakota that was fully paid, despite the bankruptcy of the realty owner
• Teamed with other Baird Holm lawyers to prevail on summary judgment for a creditor accused of lender liability, and to obtain affirmance by the Nebraska Supreme Court, despite the presence of more than 25 depositions on extensive and complicated facts
• Obtained relief from bankruptcy stays for numerous creditors, such as banks, insurance companies and vendors
• Supervised the briefing in a Nebraska Supreme Court case that overturned a trial court's landmark decision against a hospital client involving hospital liens and debtor exemptions
• Worked with cross-disciplinary team to devise and edit procedures and forms for in-house collection systems at one of Iowa's largest health systems
• Obtained ruling denying class certification in debtor-creditor litigation for pharmacy and veterinarian clients
• Obtained seven-figure summary judgment for Iowa bank excepting its debt from bankruptcy discharge and awarding attorney fees against the debtor
• Negotiated full payment plans for creditors in Chapter 12 and Chapter 11 bankruptcies, sometimes involving advanced lien concepts such as security interests in customer lists, probate estate bequests, business opportunities, government program payments and tracing of diverted collateral

Publications

• “Ethics: Selected Issues for Collections Integrity,” 1998, in Collections for the 21st Century (Nebraska Continuing Legal Education, Inc., seminar materials)
• "More E-Commerce Considerations and Risks for Lenders," 2004 (E-Commerce Section, Iowa State Bar Association seminar materials)
• "E-Commerce Considerations and Risks for Lenders," 2003 (E-Commerce Section, Iowa State Bar Association seminar materials)
• "Bankruptcy Challenges and Opportunities for Technology Vendors and Consultants," 2003, co-author in Nebraska Lawyer (Nebraska State Bar Association)
• “Harvest In-House: Tools for Efficient In-House Post-Billing Procedures,” 1999, in Nebraska Healthcare Financial Management Association seminar materials 
•  “Patient Account Management to Increase Collections and Understand Risks,” 1995, in Iowa Healthcare Financial Management Association seminar materials 
• “Reducing the Agony of Tort-feasor Bankruptcy,” Vol. 7, No. 1, In Brief (Iowa Trial Lawyers Association)
• “Possible Debtor Counter Measures When Faced With a Judgment,” 1994, in Collection Rights and Pitfalls for Judgment Creditors and Debtors (Nebraska Continuing Legal Education, Inc., seminar materials).

Bar & Court Admissions

• Iowa, 1984
• Missouri, 2008
• Nebraska, 1984

News

• Tom Ashby and Christine Benson Publish Article in The Nebraska Lawyer

Professional and Civic Affiliations

• Nebraska State Bar Association and its Section on Bankruptcy
• Iowa State Bar Association and its Section on E-Commerce
• Iowa Trial Lawyers Association
• Greater Omaha President's Council, Good News Jail & Prison Ministries