Even lawyers make mistakes when it comes areas outside their area of expertise. Branter v. Smith, A-23-464 (August 27, 2024) is a prime example.
Bob Branter was a trial lawyer who lived in California. He apparently grew up in the Midwest. At one time he was romantically involved with Carol Smith, but the romance ended and they remained friends.
Bob owned a house in Ventura, California which was destroyed by a wildfire. Because of that, he allegedly couldn't purchase homeowner's insurance on a house in Nebraska. For the sake of this post, I'll take that as true but what a bizarre rule.
In November 201, Bob paid for and purchased a ...
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Another DYI legal disaster
A matter recently came across my desk and it highlights why - even in the simplest legal matters - it is the smart to hire a lawyer.
Twenty years ago a guy lends a significant amount of money to a "friend." A promissory note is signed. Within the note, the friend offers collateral of his partnership interest in two very valuable commercial buildings in Omaha.
The problem? The lender didn't perfect his security interest in the collateral.
Result? Debtor sells his partnership interest in the two buildings and lender doesn't get paid. The note remains unpaid to this day.
If the creditor had perfected his security interest, he would ...
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DDB argues in the Nebraska Supreme Court
https://supremecourt.nebraska.gov/video-arguments-05-25-2022
Begins at 37:30 ...
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