Benjamin D. Bruner
Ben has a business-focused practice specializing in the areas of banking and financial services, commercial finance, real estate and corporate law. He advises a wide array of clients in all phases of institutional lending, including loan structuring, negotiating and drafting credit transaction documentation. Additionally, he regularly advises commercial lenders and borrowers with regard to judicial and non-judicial foreclosure proceedings, UCC enforcement, bankruptcy, and has extensive experience with modification and workout agreements, loan restructuring, and forbearance agreements. He advises businesses and individuals concerning all aspects related to the management, development, ownership and financing of commercial real estate and assists in the acquisition, sale and associated financing of commercial real estate. Further, he provides advice to a variety of business clients regarding general corporate transactions, including organizational, development, funding and start-up issues, board of directors operations and duties, and general contract drafting and negotiation.
Education & Background
- J.D., Mitchell-Hamline School of Law (Study Abroad at the University of Oslo)
- B.B.A. in Accounting, University of Iowa
Honors & Awards
- Selected for inclusion in the 2018 and 2019 edition of Chambers USA: America’s Leading Lawyers for Business as an “Up and Coming” leader in the area of Real Estate Law in the state of Iowa.
- Selected as a "Leading Individual" in the 2020-2021 editions of Chambers USA: America’s Leading Lawyers for Business in the area of Real Estate Law in Iowa.
- Ben has drawn the following published commentary from the editors of Chambers USA:
- "Bruner handles real estate secured financing, securitization, debt collection and collateral enforcement. Peers recognize that "he does a very good job" and point out he is rising through the ranks. Clients state "he is very knowledgeable, responsive and client-oriented."
- "Bruner serves as co-chair of the firm's real estate group and advises clients on transactions involving commercial and mixed-use developments. He frequently assists with acquisitions and sale-leaseback transactions, as well as commercial leasing and both private and public financing matters."
- "He's a solid real estate attorney." "Ben is a very confident attorney; he's good to work with and he represents his clients well."
- Selected for inclusion in the 2019-2021 editions of The Best Lawyers in America in the area of Real Estate Law.
- Selected for inclusion in the 2021 edition of The Best Lawyers in America in the area of Land Use and Zoning Law.
- Selected for inclusion in the 2022 edition of The Best Lawyers in America in the areas of Banking & Finance Law, Land Use and Zoning Law, and Real Estate Law.
Featured in dsm Magazine’s Fall 2019 “Top Attorneys Under 40”
Admitted to practice in the following states:
Admitted to practice before the following federal courts:
- U.S. Tax Court
- U.S. District Court for the Southern District of Iowa
- U.S. District Court for the Northern District of Iowa
Reported Cases and Representative Matters
- Assist clients in all facets of commercial and residential real estate acquisitions, sales, land development, lease arrangements, land use issues, and conventional and tax credit financing (including but not limited to contract drafting review / negotiation, due diligence, title review / remediation, and closing services).
- Facilitate and negotiate pre-litigation workouts related to financially challenged real estate properties and projects and assist in the enforcement and litigation of real estate financing and leasing obligations.
- Provide tax and estate planning advice and services to individuals, large and small businesses, and nonprofit organizations concerning a broad range of wealth transfer planning, tax planning and advisory services (including but not limited to drafting last wills, financial and healthcare powers of attorney, living wills, and trust agreements).
- Handle the probate of large and small estates from opening to close, assist in the administration of trusts, and provide advisory services to estate and trust fiduciaries.
- Advise clients on the tax aspects of various corporate transactions, including incorporations, and represent clients with respect to tax matters involving the use of pass-through entities such as partnerships, limited liability companies, and s corporations.
Memberships & Activities
- Iowa State Bar Association
- Minnesota State Bar Association
- American Bar Association
- Polk County Bar Association
Articles & Presentations
- Author, Investments in Real Estate for Purposes of Economic or Community Development, Modernizing the Iowa Banking Act Blog Series, Iowa Banking Law Blog, August 9, 2022
- Co-Presenter, "Loans: Documentation, Modifications, Workouts & Nonjudicial Alternatives (available on demand)," Dickinson Law Virtual Banking Law Seminar, September 1, 2021
- Co-Host, "COVID-19 Challenges and Opportunities for Banks (available on demand)," Community Bankers of Iowa COVID-19 Video Series, June 29, 2020
- Author, Drones and Loans, Iowa Banking Law Blog; Iowa Real Estate & Land Use Blog, January 28, 2016
- Author, Contractors-Developers Denied the Right to Invoke the Protections of the Implied Warranty of Workmanlike Construction, Iowa Real Estate & Land Use Blog; Iowa Banking Law Blog, February 26, 2015
- Author, Iowa Supreme Court Limits a Lender’s Right to Remedy of Implied Warranty of Workmanlike Construction, Iowa Banking Law Blog; Iowa Real Estate & Land Use Blog, February 1, 2015
- Presenter, “Land Use and Planning Issues,” National Business Institute, West Des Moines, Iowa, July 28, 2014
- Author, The New Business Property Tax Credit, Iowa Real Estate & Land Use Blog, December 16, 2013
- Author, Foreclosing Banks and Attorneys Beware!, Iowa Banking Law Blog, May 6, 2013
- Presenter, “The Probate Process from Start to Finish,” National Business Institute Seminar, West Des Moines, Iowa, October 18, 2012
- Presenter, “Recent Changes to Iowa Lien Laws,” Iowa Banking Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., West Des Moines, Iowa, August 30, 2012
- Author, “RESPA” Doesn’t Prohibit the Collection of Unearned Settlement Fees, Supreme Court Says, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, June 22, 2012
- Author, In Sackett v. EPA, the U.S. Supreme Court hears case involving property owners’ rights, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, January 13, 2012
- Author, The Sale-Leaseback Scenario, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, August 7, 2011
- Author, An Unwanted “Benefit” and Bill: A Recent Special Assessment Case, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, June 24, 2011
- Author, Ambiguous Provisions May Blur the Line Between Customary Capital Call and Personal Liability of LLC Members, Iowa LLC Blog, June 16, 2011
- Author, The Un-Neighborly Neighbor: A Recent Private Condemnation Case, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, June 13, 2011
- Author, Builders Beware: Home Construction Contracts Are Afforded Consumer Fraud Protections, Iowa Real Estate & Land Use Blog on Dickinsonlaw.com, May 29, 2011
- Author, Creditors of an LLC Can Collect from Members in Certain Cases, Iowa LLC Blog, May 12, 2011