Brooks Bossong focuses his practice on banking law, creditors' rights, special assets and commercial litigation. He represents a wide variety of financial institutions and business lenders in the workout and restructuring of troubled debt facilities.
When restructuring is no longer a viable option, Brooks handles the prosecution of debt and collateral recovery, including bringing suit in state or federal court, handling foreclosures (as trustee or as lender's counsel, with significant experience working with complex servicing and participation agreements), handling the domestication and enforcement of foreign judgments, representing the lender in federal forfeiture proceedings, pursuing prejudgment remedies such as attachment and replevin/claim and delivery, and pursuing post judgment supplemental proceedings. He has also assisted clients with loan modifications and loan sales.
Brooks has considerable experience in state and federal courts, including trial and motions practice, appellate advocacy and bankruptcy practice.
Avoiding the Fiduciary Duty Trap: Lessons Learned and Practical Tips
October 1, 2014
Outside Nexsen Pruet
Outside Nexsen Pruet, Brooks enjoys racquet sports as a way to reduce stress and pretend he's physically thrashing the opposition. When he's not playing sports, Brooks is active in the YMCA Adventure Guides Program. He is also a flag football coach for the YMCA. Brooks is a member of Centenary United Methodist Church in Winston-Salem.
Speaking & Writing
Brooks has spoken at numerous CLEs on the topics of creditors' rights, landlord tenant law, supplemental proceedings, foreclosures, and the Federal Fair Debt Collection Practices Act.
He co-authored an edition of Successful Judgment Collections in North Carolina published by National Business Institute in 2000, and was also a co-author of the NC State Bar Association 2011 CLE Manual on Collection and Enforcement of Judgments.
Over the past year Brooks has been very active in loan workouts and restructurings. In court, Brooks was recently successful in defending a banking client from lender liability claims, obtaining an order at summary judgment dismissing all of defendants' claims while obtaining an award on his client's claims for the full balance due.
Brooks was also recently successful in handling an appeal relating to the imposition of personal liability on an individual corporate agent for a defendant judgment debtor who refused to furnish a schedule of the defendant's property to the levying officer. Insulation Systems, Inc. v. Fisher, 2009, 197 N.C.App. 386, 678 S.E.2d 357, review denied 363 N.C. 654, 684 S.E.2d 890.