As the farm economy tightens, the chances increase that your farm borrower may sell his or her grain without paying you the proceeds. Your borrower might have several reasons for doing so, but none of them are sufficient. For example, farmers may want to pay their input providers first, or […]
Banking Update
The Federal Bankruptcy Court in Nebraska Discharged Private Student Loans
In the matter of Noelle L. DeLaet, the U.S. Bankruptcy Court for the District of Nebraska held DeLaet met her burden of proving her student loans from Discover Bank and National Collegiate Trust (collectively, the “banks”) caused her undue hardship. The court, therefore, discharged DeLaet’s student loan obligations to the […]
Key Takeaways from ACI Emerging Payments Conference
Last month, Baird Holm co-sponsored the ACI Emerging Payments Conference in Chicago, where issues like the rollout of EMV cards, advances in tokenization technology and changes to regulations governing prepaid cards were top of mind. Jonathan Wegner, joined by three other attorneys specializing in prepaid matters, delivered a presentation detailing […]
Credit Agreement Statute of Frauds
In February 2015, the Nebraska Supreme Court rendered its decision in the case Synergy4 Enter. v. Pinnacle Bank, 290 Neb. 241 (2015). In that case, Synergy4 Enterprises (“Synergy”) alleged that Synergy’s owners (last names Quinn and Bauer) had met with a branch president of Pinnacle Bank (“Bank”) prior to Synergy’s […]
Co-Makers Vs. Guarantors: Guarantors May Be A Better Source For Recovery Of A Deficiency After Foreclosure
When making a loan to a business entity, a lender will frequently also have one or more individuals personally obligated for the payment and performance of the loan. An individual becomes personally obligated in one of two ways: (1) the individual signs the note as a co-maker along with the […]

