Donald J. Pavelka, Jr.

Member
Phone: 402-898-7000
Fax: 402-898-7130
E-mail:
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Martindale-Hubbell AV® Preeminent™ Peer Review Rated

Donald Pavelka, Jr. has been practicing law since 1984. He is licensed in both Nebraska and Iowa and is active in both the State and Federal Courts for Nebraska and Iowa. His practice focuses on commercial law including banking law, lenders rights, real estate law, as well as clearing/litigating title issues on real estate in both Nebraska and Iowa.

Mr. Pavelka advises clients in civil litigation matters and has also defended many commercial entities in lawsuits brought against them in both State and Federal Court. Mr. Pavelka has successfully argued before the Nebraska Court of Appeals, the Nebraska Supreme Court, the Iowa Supreme Court, the Federal District Courts in Nebraska and Iowa and the Eighth Circuit Court of Appeals.

Mr. Pavelka currently represents many title insurance companies and has filed foreclosure actions, reformation of instruments, and quiet title actions to resolve title issues for real property located in Nebraska and Iowa. Mr. Pavelka has successfully negotiated with individuals in resolving civil litigation and title problems.

Mr. Pavelka’s civil litigation experience includes lenders rights in all aspects of the Bankruptcy Code, judicial and non-judicial foreclosures, suits on promissory notes and guarantees, and the filing of replevin lawsuits to gain possession of the creditor’s collateral. Mr. Pavelka is also active in drafting complicated loan agreements and supporting documents for his commercial clients.

PRACTICE AREAS
General practice including but not limited to:
Commercial Law
Banking
Creditor’s Rights
Real Estate
Collections Law

BAR ADMISSION
Nebraska Bar, 1984
U. S. District Court for the District of Nebraska, 1984
Iowa Bar, 1993
U.S. District Court, Northern and Southern Districts of Iowa, 1997
Eighth Circuit Court of Appeals, 2000

PROFESSIONAL & COMMUNITY ACTIVITIES
Iowa Association of Commercial Law Attorneys
Iowa State Bar Association
Nebraska Association of Bank Attorneys
Nebraska State Bar Association
Omaha Bar Association
Pottawattamie County Bar Association

RECOGNITION
Martindale-Hubbell AV® Preeminent™ Peer Review Rated

EDUCATION
University of Missouri
University of Nebraska at Omaha (B.A., 1980)
Creighton University (J.D., 1984)

REPRESENTATIVE CASES
Charter West Nat’l Bank v. Wells Fargo Bank, N.A., 802 N.W.2d 146 (Neb. Ct. App. 2011).
Citizens Fidelity Bank & Trust Co. v. Southwest Bank & Trust Co., 472 N.W.2d 198 (Neb. 1991).
Demma Fruit Co. v. Old Fashioned Enter., 236 F.3d 422 (8th Cir. 2001).
First Nat'l Bank of Omaha v Davey, 830 N.W.2d 63 (Neb. 2013).
In Re Caruso, 272 B.R. 254 (Bank. D. Neb. 2001).
In Re Haske, 122 B.R. 372 (D. Neb. 1990).
In re Majors, 298 B.R. 363 (Bankr. S.D. Iowa 2003).
Norwest Bank Neb., N.A. v. Phillips Realty Co., 594 N.W.2d 3 (Iowa 1999).
Norwest Bank Nebraska, N.A. v. Bowers, 516 N.W.2d 623 (Neb. 1994).
Ott v. Wells Fargo Home Mortgage, 2008 WL 2704233 (D. Neb. 2008).
Popular Fin. Servs, LLC v. Stutzka (In re Conservatorship of Gibilisco),
     277 Neb. 465, 763 N.W.2d 71 (2009).
Presidential Realty Corp. v. Ridgewood Realty Investors, 498 N.W.2d 694 (Iowa 1993).
Sunridge Townhome Owners Ass'n. v. Abbot, Neb. Sup. Ct. June 17, 2010, S-09-1086.
Vann v. Norwest Bank Nebraska, N.A., 591 N.W. 2d 574 (Neb. 1999).
Westin Hills West Three Townhome Owners Ass'n v. Federal Nat'l Mortgage Ass'n, 
     283 Neb. 960, 814 N.W.2d 378 (2012).
Zimmerman v. FirsTier Bank, N.A., 585 N.W. 2d 445 (Neb. 1998).
Zaleski v. Collection Bureau of Grand Island,  12 Neb.App. 1, 664 N.W.2d 32 (Neb.App.,2003).