Scott Chernich's practice areas include Chapter 11, 7 and 13 bankruptcy cases as well as banking law, construction law and commercial litigation. In 2003, Scott was appointed as a Chapter 7 Panel Trustee by the U.S. Justice Department. While he spends a large portion of his time representing creditors in prosecuting claims and recovering collateral, he also has significant experience as a debtor's lawyer and as a trustee. As a result, he offers clients (businesses and individuals) a perspective that includes familiarity with common strategies for all sides and the ability to spot and resolve issues early in the process.
Scott is very involved in several professional associations, including the American Bankruptcy Institute and the National Association of Bankruptcy Trustees and served in numerous leadership roles in the Lansing community. He was also a popular adjunct professor at his alma mater, Western Michigan University Thomas M. Cooley Law School.
He also serves on Foster Swift's Executive Committee and holds office of treasurer for the firm. For several years previous, Scott was the practice group leader for the firm’s Finance, Real Estate & Bankruptcy section.
Honors & Recognitions
Best Lawyers® 2015 Banking and Finance Law "Lawyer of the Year" in Lansing
Best Lawyers in America® 2010-2018 (Banking and Finance Law; Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law)
Memberships & Affiliations
- Ingham County Bar Association
- Federal Bar Association
- Commercial Law League of America
- ACADEMIC POSITION: Western Michigan Thomas M. Cooley Law School, Adjunct Professor
Industry & Professional Associations:
- American Bankruptcy Institute
- National Association of Bankruptcy Trustees
- Lansing Regional Chamber of Commerce, Financial Oversight Committee, past member
- Capital Area Humane Society, Past Chairman of the Board
- Volunteers of America
- Wharton Center for the Performing Arts, Advisory Council
- Scott successfully assisted an international broker/dealer avoid a threatened suit by a prominent figure in a nationally known Chapter 11 case.
- In a very complicated, multi-million dollar construction case, five parties (a general contractor, sub-contractors and insurers) were fighting over the contracts, state lien law rights and surety issues. Scott was hired and, in one day, mediated a resolution to all of the disputes and satisfaction of all parties.
- When a large credit union was sued on a lien avoidance action, Scott was hired to defend. He succeeded in having the case dismissed on Summary Judgment.
- A commercial landlord was being sued by a tenant who was in Chapter 11. Scott successfully defended the landlord and recovered back rent in the amount of $250,000.
- A creditor, sued by a Chapter 11 debtor, hired Scott, who resolved the preference action and then recovered in excess of $1 million for his client on a 503(b)(9) claim.
Recent Blog Posts
Michigan Bankruptcy Blog
- What To Do When You Receive A Bankruptcy Notice, April 2018 Agricultural Law News, April 11, 2018
- How to Avoid Bankruptcy and Build a Strong, Successful Business, March 2018 Finance Real Estate & Bankruptcy News, March 1, 2018
- A Systematic Plan for Debt Collection by Agribusinesses, October 2017 Agricultural Law Newsletter, October 26, 2017
- Michigan Enacts the New Uniform Voidable Transactions Act, Foster Swift Finance, Real Estate & Bankruptcy News, June 8, 2017
- Dower Rights are Abolished in Michigan, Foster Swift Finance, Real Estate & Bankruptcy News, February 7, 2017
- Michigan Authorizes New Asset Protection Trusts, Foster Swift Finance, Real Estate & Bankruptcy News, February 7, 2017
News & Events
- Foster Swift Elects Executive Committee Members for 2018, February 13, 2018
- 46 Foster Swift Attorneys Named to 2018 Best Lawyers in America®, August 21, 2017
- Foster Swift Elects 2017 Executive Committee, February 13, 2017
- Foster Swift Elects 2016 Executive Committee, March 21, 2016
- 44 Foster Swift Attorneys Named to 2016 Best Lawyers in America® Roster, August 21, 2015
- Upcoming Webinar Series: Collect Your Money in Bankruptcy, June 18, 2015
- Best Lawyers® Names Eight Foster Swift Attorneys "Lawyer of the Year", August 25, 2014
- Great Lakes Crop Summit Receives Financial Advice, January 31, 2018
- Federal Bar Association - Featured Speaker on Bankruptcy, 2007, 2009, 2010
Western Michigan University Thomas M. Cooley Law School, J.D., 1993, cum laude
Shippensburg University, M.I.M., 1986
Shippensburg University, B.S., 1984
Bar and Court Admissions
U.S. District Court for the Western District of Michigan
U.S. District Court for the Eastern District of Michigan
U.S. Sixth Circuit Court of Appeals