Overview

Jonathan represents creditors in state, federal, and bankruptcy court litigation relating to debt collection. He has a substantial practice specializing in deficiency and unsecured judgment collection of debts between $100,000 and $5 million. 

His collection practice also includes partnering with lead litigation counsel to advise as to collectability issues and case valuation prior to commencement of suit and throughout the litigation process. Jonathan is often compensated pursuant to tailored alternative fee arrangements.

He also represents business owners and family businesses on a variety of matters including advice related to mergers and acquisitions, finance and investment, estate and succession planning, asset protection, real estate, and highly emotional family or business breakup related issues.

Jonathan is a regular speaker on collections and business planning matters and has also provided opinions as an expert witness on collection and related matters. Jonathan is the first Iowa lawyer certified in Creditor’s Rights by the American Board of Certification.

Notable Works:

  • Represented the buyer of a company in a multi-state business acquisition with a $7,500,000 debt facility.
  • Assisted an unsecured creditor in using the receivership rules to obtain and sell a $1,300,000 warehouse facility.
  • Negotiated with a bankruptcy trustee to use Bankruptcy Code Section 363 to liquidate two minority interests in closely held businesses and subsequently monetized those interests.

Experience

Experience

Professional Activities and Affiliations:

  • American Bankruptcy Institute
  • Commercial Law League of America
  • Iowa State Bar Association (Sections: Business Law; Commercial & Bankruptcy Law; Probate & Trust Law)
  • American Association for Private Lenders
  • Polk County Bar Association

Seminars Recently Attended:

  • American Bankruptcy Institute 37th Annual Midwestern Bankruptcy Institute, October, 2017
  • Iowa State Bar Association Commercial Bankruptcy Seminar, May 2017
  • AGC Controllers Council and CFMA Joint Meeting, April 2017
  • Commercial Law League of America National Convention, April 2017
  • Land Investment Expo, January 2017
  • American Bankruptcy Institute VALCON, March 2016
  • Land Investment Expo, January 2016
  • Iowa State Bar Association Commercial and Bankruptcy Law Seminar, May 2015
  • American Association of Private Lenders Annual Conference, November 2014
  • 21st Annual Central States Bankruptcy Workshop, June 2014

News & Events

Honors & Recognitions

Honors & Recognitions

  • AV rated by Martindale-Hubbell
  • Creditors' Rights Law Specialist certified by the American Board of Certification (ABC)
  • Selected for inclusion in Great Plains Super Lawyers in the area of Creditor/Debtor Rights (Rising Stars: 2013—2016)
  • Polk County Bar Association Volunteer Lawyers Project: recognized for pro bono work hours in 2016—2017

Cases Presentations & Publications

Cases Presentations & Publications

Published Cases:

  • In re Urbandale Laser Wash, LLC, et al., Iowa Court of Appeals 16-0081, January 11, 2017 (In a matter of first impression, Iowa homestead law trumps rights of Cities to regulate use of real property.)
  • In re Golden Enterprises, LLC, Iowa Court of Appeals 15-0824, May 11, 2016 (Post judgment collection discovery issue)
  • In re Grinnell State Bank v. Jones, Iowa Court of Appeals 15-0674, April 27, 2016 (Foreclosure recision issue)
  • In re Walters, 450 B.R. 109 (8th Circ. BAP) Docket No. 10-6075, (June 2, 2011) (Creditor’s objection to Iowa homestead objection sustained due to pre-existing debt exception.)
  • In re Walters, 675 F.3d 1142 (8th Circ.) Docket No. 11-2449, (April 9, 2012) (Same as above, also Creditor does not have burden to show unavailability of other assets prior to execution on homestead.)

Unpublished Cases:

  • Testified as expert relating to Iowa collection matter. Iowa District Court for Mahaska County, Case No. EQEQ088047 (2018)
  • Rendered opinion as expert witness relating to Iowa collection matter.  Iowa District Court for Polk County, Case No. LACL 113621 (2012)

Selected Publications, Presentations and Teaching Appointments:

  • Presenter, "Business Succession Planning," Greater Des Moines Partnership Small Business Success Summit, November 10, 2017
  • Presenter, "Unethical Conduct or Great Lawyering: Everyday Debtor-Creditor Scenarios," Iowa State Bar Association Commercial Bankruptcy Seminar, May 12, 2017
  • Panelist, "Succession Planning - Leaving A Legacy" AGC of Iowa Controllers Council & CFMA Joint Meeting, April 20, 2017
  • Presenter, "Commercial Real Estate Lending," Iowa Credit Union League, October 2016
  • Panelist, "Garnishment and Related Collections Issues," Iowa State Bar Association Annual Meeting, June 2015
  • Presenter, Residential Landlord-Tenant Law in Iowa, Lorman Seminars, September 19, 2014
  • Presenter, "Pitfalls to Enforcement Overview" and "Property Specific Issues," Judgment Enforcement in Iowa, Lorman Seminars, August 21, 2014
  • Presenter, “Judgment Collections for Employment Lawyers,” National Employment Lawyers Association Iowa Chapter, April 18, 2014
  • Presenter, “Post Judgment Collections:  Getting Debtors to Pay,” national teleconference seminar, National Business Institute, October 12, 2012
  • Presenter, “Post Judgment Collections:  Getting Debtors to Pay,” national teleconference seminar, National Business Institute, March 9, 2012
  • Presenter, “Creditors’ Rights When A Debtor Files Bankruptcy” and “Ethical Issues in Collection,” National Business Institute, October 24, 2011
  • Presenter, “Collection Law: Understanding the Rights of Judgment Creditors” national teleconference seminar, National Business Institute, February 3, 2011 – attendees included more than 50 people from more than 20 states
  • Presenter, “Collections Law from Start to Finish,” National Business Institute, October 6, 2010
  • Presenter, “Not So Basic Collections Law for Hospital Administrators,” American Association of Healthcare Administrative Management, Des Moines, September 16, 2010
  • Presenter, “Successfully Collecting Debts and Judgments,” National Business Institute, Des Moines, Iowa, February 9, 2006
  • Presenter, “Money Matters: Keys to Advising Your Clients During Foreclosure and Repossession Actions in Iowa,” National Business Institute, Des Moines, Iowa, April 7, 2005
  • Presenter, “Mortgage Foreclosures in Iowa,” Lorman Educational Seminar, Des Moines, Iowa, February 19, 2004
  • Author (with Kevin M. Reynolds and Richard J. Kirschman), “The New Restatement: Is the Third Time Truly a Charm?” For the Defense, April 2003

Education

Drake University Law School, J.D., 2002, with honors

  • Dwight D. Opperman Scholar, 1999-2002

Graduate Work in Family Theory 1997-1999

Iowa State University, B.S.,1997

Admissions

  • Iowa
    U.S. Court of Appeals for the Eighth Circuit
    U.S. District Court – Northern District of Iowa
    U.S. Bankruptcy Court – Northern District of Iowa
    U.S. District Court – Southern District of Iowa
    U.S. Bankruptcy Court – Southern District of Iowa
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