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Attorneys
Shareholder
Scott A. Chernich- Scott H. Hogan
Associate
Laura J. Garlinghouse- Patricia J. Scott
Paralegal
Jeanne M. Phillips, CLA
Related Practices
Bankruptcy & Restructuring
Foster Swift attorneys represent Creditors, Debtors, Trustees and other interested parties in actions pending in Bankruptcy Courts. They advise their clients on issues with bankruptcy implications in the Eastern and Western Districts of Michigan, including, but not limited to, the cities of Detroit, Grand Rapids, Lansing, Kalamazoo, Flint and Bay City.
The Foster Swift bankruptcy team has extensive experience in Chapter 11 corporate reorganizations, Chapter 7 liquidation, Chapter 13 individual reorganizations and less frequent filings such as Chapter 12.
The firm's bankruptcy counsel have considerable experience in all aspects of the practice, advising its clients on such issues as lien priority, claims handling and adjudication, preferences, avoidance actions, lift of stay proceedings, and fraudulent conveyances.
www.michbankruptcyblog.com
Get Case updates from the Bankruptcy Courts for the Western and Eastern Districts of Michigan.
Representative Experience
- Represented Secured Creditor in Chapter 12 Bankruptcy Case
- Represented Secured Creditor in Chapter 7 Bankruptcy Case involving Preference Action
- Represented Chapter 7 Trustee against Constitutional Federal Preemption Matter
- Chapter 7 Bankruptcy Case in Probate Court
- Assisted borrower client with significant loan modifications and workouts of defaulted loans
- Successful Commercial Landlord Defense - Recovered Back Rent from Client in Chapter 11.
- Recovered Preferential Transfers of Chapter 11 Large Regional Mortgage Company
Publications & Alerts
- Bankruptcy Tip: Make Sure Debtor In Chapter 11 Or Chapter 12 Bankruptcy Has Permission To Use Cash Collateral, Foster Swift Agricultural Law Update, December 2011
- New Bankruptcy Proof of Claims Rules Effective December 1, 2011, Foster Swift Banking, Finance & Real Estate E-News, November 30, 2011
- Beware of Bankruptcy Notices, Foster Swift Banking, Finance & Real Estate E-News, July 12, 2010
- Beware of Bankruptcy Filings: Tips to Help Protect A Municipality’s Interests in a Bankruptcy Case, Michigan Municipal Treasurers Association Quarterly Newsletter (Also published in the May 2010 Foster Swift Municipal Law News), June 2010
Recent Blog Posts
- Funds must be in tax exempt retirement account – not merely traceable to a retirement account – on filing date to qualify for § 522(d)(12) exemption.
- Changes to the Proof of Claim Form as of December 1, 2011
- BAP: Chapter 7 trustee cannot avoid erroneously discharged mortgage if discharge is rescinded pre-petition
- Inherited IRAs can be exempted under § 522(d)(12)
- In "Anna Nicole Smith" Case, U.S. Supreme Court Limits Bankruptcy Courts' Authority
- Creditors Cannot Benefit from Trustee and Debtor's Stipulation to Extend Deadline for Filing a Nondischargeability Complaint
- District Court Affirms In Re Rahim: Chapter 7 Business Debtors' Case May Be Dismissed Under § 707(a)
- Pre-petition tax refund garnishment avoidable under 522(h), but not 522(f).
- Did You Know? | Debtors and Non-Filing Spouses May Lose Right to Rebut Presumption of Equal Ownership if Debtor Has Equal Rights to Asset
- Did You Know? | Creditors have affirmative duty to release garnishments following bankruptcy filing.
News
- Foster Swift Attorney Authors Bankruptcy Blog, August 17, 2010
Events
- Laura Garlinghouse to serve as Chair at Federal Bar Association Bankruptcy Seminar, Federal Bar Association- Bankruptcy Section, July 28, 2011
