Scott Chernich is a shareholder in the Lansing office. His practice focuses extensively in Chapter 11, 7 and 13 bankruptcy cases. 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 (business 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.
In addition to bankruptcy law, Scott's has extensive experience in banking law, construction law and commercial litigation. For several years, Scott is the practice group leader for the firm’s Finance, Real Estate & Bankruptcy section. He also served on Foster Swift's Executive Committee and held the office of Treasurer.
Scott is very involved in several professional associations such as the American Bankruptcy Institute and the National Association of Bankruptcy Trustees and served in numerous leadership roles in the Lansing community. He is also a popular adjunct professor at his alma mater, Western Michigan University Thomas M. Cooley Law School.
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
— Representative Matters
- When a trustee in a lien avoidance action sued a large credit union, Scott was hired to defend. He succeeded in having the case dismissed on Summary Judgment.
- Scott successfully helped an international large broker dealer avoid a suit threatened 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 contracts, state lien law rights and surety issues. Scott was hired and, in one day, mediated a resolution to the disputes…to the surprise and satisfaction of all parties.
- A commercial landlord was being sued by an adversarial tenant who was in Chapter 11. Scott successfully defended the landlord and recovered back rent.
- A creditor, facing a preference action by a debtor in possession, hired Scott, who recovered in excess of $1 million for his client on a 503(b)(9) claim.