Michael F. Kivett


Walentine O'Toole, LLP
11240 Davenport Street
P.O. Box 540125
Omaha, NE 68154

Tel: 402-330-6300

Email: mfkivett@walentineotoole.com
Web: www.walentineotoole.com

One of the region’s foremost creditors’ rights attorneys, Managing Partner Mike Kivett chairs the firm’s Banking & Finance and Business Transactions practices. Primarily representing financial institutions as lenders’ counsel, Mike handles loan origination, loan workout, bankruptcy and real estate matters every day.

With 40 years of legal expertise, Mike has been engaged in all aspects of lending for financial institutions. Known for his practical, no-nonsense solutions, Mike enables his clients to engage in action, rather than reaction. Focusing on superior client knowledge and service, Mike ensures his clients’ understanding and mitigation of attendant risks.

One of only four current Nebraska attorneys inducted as Fellows of the American College of Mortgage Attorneys, a select group of distinguished real estate mortgage law experts, Mike is also past Chair of the Bank Attorneys Section of the Nebraska State Bar Association.

Mike received his law degree, cum laude, from Creighton University, and his undergraduate degree in business administration from the University of Iowa. A native of Le Grand, Iowa, Mike enjoys hunting, fishing, biking and travelling whenever his client schedule allows.

Areas of Practice:
  • Banking & Finance
  • Business Transactions
  • Creditors’ Rights
  • Foreclosure
  • Real Estate Transactions
  • Great Plains Super Lawyers, Banking
  • Best Lawyers in America, Real Estate
  • Fellow in American College of Mortgage Attorneys
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated
  • Past Chairman, Bank Attorneys Section of Nebraska State Bar Association
  • Frequent speaker at seminars relating to Title Insurance, Real Estate and Lending
  • J.D., cum laude, Creighton University School of Law, 1980
  • B.A., University of Iowa, 1977 (Business Administration)
  • Great Plains Super Lawyers, Banking
  • Best Lawyers in America, Real Estate
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated

To succeed in today’s complex and competitive financial environment, banking and other financial service providers need every available advantage. Walentine O’Toole, LLP offers a full line of legal tools, advice and sophisticated counsel to assist regional, national and global financial service firms with a variety of legal issues including:

  • Commercial finance and lending
  • Regulatory matters
  • Commercial litigation
  • Default Services

We realize that commercial financing transactions involve tight deadlines and complex issues. Our approach is client-focused, with an emphasis on producing the best possible result in a timely manner, while collaborating with our clients along the way. Our clients include companies of all sizes and span many segments of the financial service sector. We represent nationally and locally prominent commercial banks, finance companies, insurance companies, and other lenders, as well as borrowers, in connection with all aspects of secured and unsecured financing arrangements of all sizes. We also tailor our approach to our clients’ needs, whether it be addressing a narrow issue or handling a transaction from start to finish.

Our Banking and Financial Services Team advises banks and other financial service firms with a multi-disciplinary team that includes attorneys from our Business Transactions and Civil Litigation practice groups, who focus their practices on serving the diverse needs of our financial service clients.

We aim to add value to our clients through a collaborative approach across many legal disciplines, including those detailed below, to focus on strategic solutions for our clients. Our services include:

  • Revolving and term loan document preparation and review
  • Secured Transactions
  • Commercial real estate loans
  • Inter-creditor agreements and loan syndications and participations
  • Seller-financed transactions
  • Letters of credit and reimbursement agreements
  • Commercial leasing and equipment financing
  • Judicial and non-judicial foreclosure
  • Loan workouts
  • Bankruptcy/Creditor’s Rights

Our familiarity with a multitude of industries allows us to assist our clients in negotiating terms that protect them thought the duration of the lending relationship.

Commercial Finance and Lending

We understand that when our banking and financial service clients enter into relationships with their customers, the terms of those agreements are critical and often complex. Our commercial finance and lending attorneys provide guidance to banks and financial service companies throughout every segment of the industry.

Regulatory Matters

In today’s complex and ever-changing regulatory environment, our attorneys possess the knowledge and experience to represent clients with compliance and regulatory issues involving the Federal Reserve, Office of the Comptroller of the Currency, FDIC, Consumer Financial Protection Bureau and state banking departments. We anticipate that our clients will have increasing needs for guidance in these areas, given the growing and increasingly complex regulations being imposed on the financial industry at the state and federal levels.

Commercial Litigation

Our attorneys frequently represent banks and other financial service companies in complex commercial litigation involving the following issues:

  • Secured transactions
  • Negotiable instruments
  • Letters of Credit
  • Collections
  • Replevins
  • Lender liability
  • Foreclosure
  • Evictions
  • Bankruptcy
  • Title Issue Resolution

Our litigators have developed effective strategies to help our clients limit or avoid risks, while standing read to aggressively defend claims through alternative dispute resolution or at trial.

Walentine O’Toole is a banking, business transactions and litigation law firm that provides clients with cost-effective legal support for their business operations. Established in 1985, our firm has handled thousands of cases covering a wide range of legal matters. When you engage our attorneys, you can rest assured that we have the knowledge and resources necessary to represent your interests.

Our attorneys have a wealth of experience. Our attorneys include former public defenders, insurance professionals, educators and business professionals. Our unique backgrounds provide us with innovative insights and perspectives into your legal issue.

We will evaluate your situation from numerous perspectives. Our legal team will work collaboratively, providing real-world knowledge of the law and applying it to your issue.  Furthermore, our attorneys possess sophisticated, effective trial experience. Our goal is for you to achieve your goal, whether by achieving your desired transactional results,  or through mediation, negotiations or if necessary, trial.