As a member of the firm’s Financial Services and Bankruptcy/Creditors’ Rights practice groups, Brooks works with banks, credit unions, USDA business lenders, and direct lenders, focusing on creditors’ rights, secured lending, regulatory compliance, and litigation. In the business loan context, Brooks regularly works with lenders in secured lending transactions and is accustomed to working on complex matters with mixed collateral issues. Brooks has considerable experience in the workout of troubled debt restructurings, and, when workouts are no longer viable options, Brooks is in court handling the recovery of debts and collateral (and defending creditors if borrowers or guarantors assert lender liability claims). Brooks is routinely in state and federal court (including bankruptcy court). Brooks assists financial institutions in connection with examinations and government investigations and is accustomed to working with regulators. Brooks also works with banks and credit unions on digital banking issues, and works with FinTech and AgTech companies.
Community & Professional
- North Carolina Bar Association
- NC Creditors Bar Association
- NC Bankers Association
- North Carolina Bar Association Business Law Section Council Member
- North Carolina Bar Foundation Programs Committee
- UNC School of Law Center for Banking and Finance Board of Advisors
- Former board member of Habitat for Humanity and YMCA
Outside Nexsen Pruet
When not practicing law, Brooks enjoys reading, running, and coaching youth lacrosse. Brooks is a former member of the Board of Directors for Habitat for Humanity of Greensboro, a current member of the Board of Advisors for the UNC School of Law Center for Banking and Finance, a Council Member of the North Carolina Bar Association Business Law Section, serves on the North Carolina Bar Foundation’s Programs Committee and the North Carolina Bar Association’s Board of Advisors for NC LEAP (Lawyers for Entrepreneurs Assistance Program), and is on the Ambassadors committee with the NC Tech Association. Brooks does pro bono work, most recently with the Housing Stability Pro Bono Project, a joint effort between the North Carolina Bar Foundation and North Carolina Pro Bono Resource Center, in partnership with the North Carolina Office of Recovery & Resiliency, which administers the Housing Opportunities and Prevention of Evictions Program (HOPE program). Brooks and his family are members of Centenary United Methodist Church in Winston-Salem.
In 2015, the North Carolina Bankers Association called on Brooks to author a Legal Memorandum regarding the Consumer Financial Protection Bureau's new mortgage servicing rules and the recent Flagstar Bank Enforcement Action.
Brooks has been a CLE presenter at the North Carolina Bar Center on multiple occasions.
In a number of recent cases, Brooks was successful at the summary judgment level in defending banking clients from lender liability claims, avoiding lengthy jury trials. Brooks was also successful in pursuing the imposition of personal liability on an individual corporate agent for a judgment debtor corporation who refused to cooperate in furnishing schedules of the corporation’s officers and properties 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.
Martindale-Hubbell AV Peer Rated for Highest Level of Professional Excellence
Brooks has spoken at numerous CLEs on the topics of creditors’ rights, commercial landlord tenant law, supplemental proceedings, foreclosures, the Federal Fair Debt Collection Practices Act, and the CFPB’s mortgage servicing rule.
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.
In part 1 of his video series, bankruptcy and financial services attorney Brooks Bossong discusses what receiverships in the commercial loan context are and how they work.
In part 2 of his video series, bankruptcy and financial services attorney Brooks Bossong continues to discuss what receiverships in the commercial loan context are and how they work.
When a business loan is delinquent or in default, but there's still the potential to right the ship, two options a lender may consider in resolving the problem loan are a loan modification or a forbearance agreement. Attorney Brooks Bossong discusses the details.
- North Carolina
- U.S. District Courts of Eastern, Middle, and Western North Carolina