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Bankruptcy / Creditor's Rights

We have successfully represented major secured creditors in Chapter 11 South Dakota bankruptcy for over three decades. These complex cases have required orchestrating Section 363 sales, negotiating Section 364 credit agreements, filing and confirming liquidation plans, and defending cash collateral motions. Woods Fuller lawyers represent creditors in Chapter 7, Chapter 12 and Chapter 13 cases. Our experience includes trials in bankruptcy court and appeals to the Bankruptcy Appellate Panel and the Eighth Circuit Court of Appeals.

Who we work with:

  • Commercial banks
  • Savings and loan associations
  • Credit unions
  • Insurance companies
  • Real estate companies
  • Lenders
  • Borrowers

How we can help:

Bankruptcy

We have successfully represented a major secured creditor in nearly every significant Chapter 11 South Dakota bankruptcy for the previous three decades. These multi-million dollar cases have involved dairies, ethanol plants, credit card companies, potato growers, meat-processing plants, large farms and ranches, implement dealers, fixed-base operations, land developers, motels, and restaurants. These complex cases have required orchestrating Section 363 sales, negotiating Section 364 credit agreements, filing and confirming liquidation plans, and defending cash collateral motions. Our lawyers also have extensive experience representing creditors in Chapter 7, Chapter 12 and Chapter 13 cases. Our background includes trials in bankruptcy court and appeals to the Bankruptcy Appellate Panel and the Eighth Circuit Court of Appeals.

Commercial Workouts

In addition to representing creditors in bankruptcy, the firm helps creditors with troubled loans negotiate alternatives.  We analyze problem loans and work on resolutions short of foreclosure and bankruptcy.

Foreclosure/State Court Remedies

In addition to representing creditor clients in bankruptcy court and workout negotiations, we regularly pursue real-estate and personal-property foreclosures in state court as well as collections, garnishments, receiverships, and related creditor issues. 

Lender Liability

We have extensive experience defending financial institutions and their officers in lender-liability cases tried to juries and related appeals in state and federal court.  

Roger W. Damgaard

Roger W. Damgaard

  • 35 years experience
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Admitted To:

SD

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Jordan J. Feist

Jordan J. Feist

  • 4 years experience
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MN, ND, SD

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Carey A. Miller

Carey A. Miller

  • 16 years experience
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IA, SD

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Sander J. Morehead

Sander J. Morehead

  • 14 years experience
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IA, SD, 8th Circuit of Appeals, Federal Circuit Court of Appeals, South Dakota Bankruptcy Court, South Dakota Federal District Court, South Dakota Supreme Court

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