Severson and Werson

Duane Geck serves as Chair of the firm's Financial Services Practice Group.  He represents financial institutions in all aspects of the creditor-debtor relationship, including documentation of commercial loan transactions, debt restructuring, litigation to enforce creditors’ rights, and bankruptcy.

Mr. Geck has extensive experience in the automobile finance industry having represented lenders in their relations with dealers including documenting wholesale lending agreements and real estate secured loans, working out defaults, and litigating to enforce rights after default.  Mr. Geck's expertise in secured lending matters covers asset based lending with specialization in U.C.C. related collateral and real estate secured lending.

Mr. Geck served as Vice Chair of the Uniform Commercial Code Committee of the State Bar of California during the revisions to Article 9 of the U.C.C.  He has lectured about revised Article 9 and other topics before the California State Bar, the California Bank Counsel Seminar, the San Francisco Bar Association, and the San Francisco Bank Attorneys. Mr. Geck has been a speaker for the National Business Institute (“Bankruptcy in California” and “Commercial Lending in California”) and Lorman Education Services.  Mr. Geck also served as Chair of the Creditors Rights Subcommittee of the Business Law Section of the American Bar Association.

Mr. Geck joined Severson & Werson in 1984 and became a member in 1992.  In 2009, 2010 and 2011, Mr. Geck was recognized as a Northern California "Super Lawyer". 

Mr. Geck represents financial institutions in all aspects of the creditor debtor relationship, including documentation of complex loan transactions and syndicated loans; debt restructuring with special emphasis on situations involving real and personal property as collateral; litigation to enforce creditors’ rights, and bankruptcy.

Mr. Duane's specific experience includes the following:

Complex Loan Transactions and Syndicated Loans: Representing asset based and real estate secured lenders in structuring financing transactions involving various types of businesses and collateral. Preparation of syndicated and other joint loan agreements.

Loan Workouts: Negotiating and drafting loan restructure and workout agreements in the area of asset based lending, construction loans, real estate loans and inventory flooring, and anticipating and defending claims against lenders for fraud, bad faith and breach of fiduciary duty.

Creditors' Rights Litigation: Prosecution of lenders’ suits to collect loans and enforce credit agreements including appointment of receivers, attachments, claim and delivery, real property foreclosure, and enforcement of guaranty contracts.

Bankruptcy: Obtaining relief from the automatic stay, negotiating agreements and litigating the use of cash collateral, obtaining adequate protection, obtaining appointment of a Chapter 11 trustee, negotiating, documenting and obtaining court approval of loans to Chapter 11 debtors on a secured basis, negotiating and litigating confirmation of reorganization plans, and defending preference and other avoidance actions.

Biographical Information:

Employment History: Shareholder, Severson & Werson since January 1992; joined the firm in 1984.

Education: B.A., Colgate University, 1981, cum laude. J.D., Duke University School of Law, 1984; Chairman, Moot Court Board.

Admitted to Practice: California State Courts, 1984; U.S. District Courts for the Northern, Eastern, Central and Southern Districts of California, 1984; U.S. Court of Appeals for the Ninth Circuit, 1986.

Professional Affiliations: Chair, Creditors Rights Subcommittee of Commercial Financial Service Committee of American Bar Association, Business Law Section (2002-2005 ); Vice Chair, Uniform Commercial Code Committee of the Business Law Section of the State Bar of California (1999-2000); Bar Association of San Francisco, Commercial Law and Bankruptcy Section; Bay Area Bankruptcy Forum; American Bankruptcy Institute.

Programs/Presentations: Numerous programs and seminars, including the California State Bar, the California Bank Counsel Seminar, the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco, the San Francisco Bank Attorneys Assoc., ABA Committee programs, the National Business Institute (programs on ‘Bankruptcy in California’ and ‘Commercial Lending in California’), and Lorman Education Services (programs on ‘Debt Collection’ and ‘Bankruptcy in California’).

Other Affiliations: Marin Catholic High School Board of Regents (2004 - ); Chair, St. Isabella School Board (1999-2001); Chair, St. Isabella Pastoral Council (1996-1998).

• In what may be the largest auto dealer finance case ever tried to jury verdict, Severson & Werson defended Nissan Motor Acceptance Corp. against $250 million in “lender liability” damage claims by a failed auto dealer group and prevailed with a $40 million judgment against the dealer after 5 weeks of trial. Nissan reports that this is the largest judgment it has ever obtained. The trial team included Duane Geck, Mark Kenney, Eric Troutman and Drew Elliott.   

• Represented shareholders in acquisition of company through Chapter 11 bankruptcy plan.

• Represented borrower in luxury goods retail business workout loan defaults with lender and negotiate credit facility with new lender.

• Represented lender in developing letter of credit programs.

• Represented lender in litigation and settlement of failed real estate construction development project financed by Mello-Roos bonds, including claims of bondholders, municipality, contractors and developer.

• Represented lenders in real estate secured lending facilities secured by commercial properties.

• Represented mortgage warehouse lender in all aspects of enforcing rights after default by mortgage bankers and liquidation of mortgage loan portfolios.

• Represented mortgage warehouse lender in all aspects of preparing and documenting credit facilities secured by real estate secured loans.

• Represented lender in negotiating participations in syndicated lending facilities.

• Represented automobile manufactorer in disputes with dealers under Sales and Service Agreements including termination of dealer agreements.

• Represented automobile manufacturer in obtaining and documenting private label financing facilities from independent bank.

• Represented automobile manufacturer in drafting contracts for relations with parts distributors and compliance with related UCC rights of sellers of goods.

• Represented GSE lender to banks subject to FDIC receivership.

• Represented GSE lender in providing and documenting multi-billion dollar lines of credit to moneycenter banks secured by mortgage loans and bonds secured by mortgage loans.

• Represented lenders in sale of commercial loans secured by real estate.

• Represented auto finance lenders in all aspects of loan agreement drafting and counseling on compliance with UCC rights as secured party.

• Represented auto finance lenders in all aspects of defaulting dealer loans including workouts, collateral repossessions, collateral dispositions under UCC, claim and delivery litigation, bankruptcy and defending lender liability claims.

• Severson defended Nissan Motor Acceptance Corp. against $250 million in “lender liability” damage claims by a failed auto dealer group and prevailed with a $40 million judgment against the dealer.
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• Severson & Werson attorneys nominated as Northern California Super Lawyers 2011.
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