Scott Chernich's practice areas include representing numerous financial institutions including community banks and credit unions and Chapter 11, 7 and 13 bankruptcy as well as commercial litigation and construction law. Recently, Scott has successfully resolved several insolvent probate estates and has assisted financially challenged agribusinesses. 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 has served several terms on Foster Swift's Executive Committee. For several years previous, Scott was the practice group leader for the firm’s Finance, Real Estate & Bankruptcy section.
Honors & Recognitions
Best Lawyers in America® 2010-2021 (Banking and Finance Law, Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law)
Best Lawyers® 2015 Banking and Finance Law "Lawyer of the Year" in Lansing
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
- The Significance of the Consolidated Appropriations Act for Bankruptcy Trustees, Thomson Reuters WestLaw Today, July 27, 2021
- A Systematic Plan for Debt Collection by Agribusinesses, Foster Swift Agricultural Law News, September 23, 2020
- Giving Debtors a Break During COVID-19: How to be Flexible But Still Protect Your Rights, Foster Swift Finance Real Estate & Bankruptcy Law News, May 28, 2020
- Economic Support for Agricultural Producers Under the CARES Act, Foster Swift Agricultural Law News E-blast, April 3, 2020
- Key Details of the Paycheck Protection Program Under the CARES Act, Foster Swift Legal Update E-blast, April 3, 2020
- Essentials of the SBA Economic Injury Disaster Loan Application Process for Your Business, Foster Swift Legal Update E-blast, March 26, 2020
News & Events
- Trigger Point to Avoid Financial Ruin: Perspectives from a Bankruptcy Lawyer, Great Lakes Crop Summit, January 31, 2018
- Federal Bar Association - Featured Speaker on Bankruptcy, 2007, 2009, 2010, 2014, 2015, 2016, 2018
- The Benefits of Chapter 11 During Pandemic under Small Business Reorganization Act, MiBiz, November 2, 2020
- Foster Swift Attorneys Named to 2021 Best Lawyers in America©, August 20, 2020
- 42 Foster Swift Attorneys Listed as Best Lawyers® 2020, August 15, 2019
- 45 Foster Swift Attorneys Listed in Best Lawyers in America© 2019, August 15, 2018
- 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
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