Overview
Nate represents banks, other lenders and corporate borrowers in a wide array of lending transactions, including syndicated transactions, asset-based lending (ABL), real estate finance, and factoring. Nate takes pride in promptly responding to client needs to ensure deals are timely closed.
In addition, Nate has extensive experience in out-of-court workouts, judicial and non-judicial foreclosure of real and personal property, including under the Uniform Commercial Code (UCC), appointing receivers over companies and assets, complex collection matters, and representing creditors in bankruptcy proceedings. Nate also regularly represents trustees and receivers in state and federal court, as well as related adversary proceedings and other litigation matters.
Education & Admissions
University of Minnesota Law School (J.D., 2009), magna cum laude, emphasis in Business law, Managing Editor Minnesota Law Review
University of Utah (B.S., Marketing, 2006), magna cum laude
Admissions
- Utah
U.S. District Court for the District of Utah
U.S. Bankruptcy Court for the District of Utah
Experience
Recent Lending and Restructuring Representations
- Represented a wholesale and retail borrower in a $1 billion ABL transaction
- Represented a national bank in a real estate transaction for the development of commercial properties outside of Seattle, Washington
- Represented a grocery chain in a $300 million line of credit
- Represented a national bank in several different lending transactions to irrevocable trusts secured by collateral assignments of the cash value of life insurance policies and other gap collateral
- Represented a national bank in restructuring a $30 million loan secured by a hotel and condominium units
- Represented a national bank in restructuring several affiliated loans secured by restaurants and real property
- Represented a hospital and several of its clinic subsidiaries in restructuring a loan with a national lender
Recent Litigation and Bankruptcy Representations
- Represented a national bank through trial in a deficiency action after non-judicial foreclosure of commercial real property, in which the bank obtained its full multi-million dollar judgment and was awarded interest and attorneys’ fees
- Represented the primary secured lender in a contentious Chapter 11 bankruptcy case involving a Nevada casino, which resulted in the lender being paid in full, plus interest and attorneys’ fees
- Represented the Chapter 11 bankruptcy trustee in a $60 million Ponzi case, which included representation in the main bankruptcy case and related fraudulent transfer and preference litigation proceedings
- Represented the Chapter 11 bankruptcy trustee in a case involving a failed real estate company in which over $70 million was raised from investors, which included representation in the main bankruptcy case and the related securities fraud and breach of fiduciary duty litigation proceedings
- Represented the Receiver in an action filed by the Securities & Exchange Commission (SEC) related to an internet-based Ponzi scheme
- Successfully represented a property management company and its owners in obtaining a temporary restraining order and permanent injunction to have personally identifiable information and defamatory material removed from the internet
Industries & Practices
Banking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceBankruptcy & Financial Restructuring
Explore This Practice View client achievements related to this practice View resources related to this practiceCorporate Governance & Compliance
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Bankruptcy & Financial Restructuring
- Commercial Litigation
- Corporate Governance & Compliance
- Lending Transactions
- Real Estate & Land Use
