Scott A. Chernich

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 and in 2020 appointed as a Subchapter V Chapter 11 Trustee. While he spends a significant 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 of Bankruptcy at his alma mater, Western Michigan University Thomas M. Cooley Law School for 12 years.

Scott is also involved in firm management, serving several terms on Foster Swift's Executive Committee, acting as the first Treasurer for six-plus years. For several years previous, Scott was the practice group leader for the firm’s Finance, Real Estate & Bankruptcy section.

Best Lawyers in America® - (Banking and Finance Law, Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law), 2010-2026

Best Lawyers in America® - Banking and Finance Law "Lawyer of the Year" in Lansing, 2015

• Scott has administered over 2,000 Chapter 7 cases as a Trustee.
• Scott has been appointed as Subchapter V Trustee in the following cases:
  • Turbo Components Inc.
  • Atlas Heave Engine Co.
  • Douglas M. 
  • Purple East Plus Inc.
  • Krieger Craftsmen Inc.
  • Residential Marketing Concepts
• Scott was appointed Chapter 11 Trustee in CDDM Corporation case and successfully completed a plan of reorganization.
• 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.

Legal 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

Community Involvement:

• 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