For more than 25 years, Randy Creswell has represented national and regional lenders, banks, financial institutions, private equity firms, secured and unsecured creditors, lessors and lessees, and other interested parties in consumer and complex commercial matters under Chapters 7, 11, and 13 of the Bankruptcy Code. His practice includes significant work involving out-of-court workouts, receiverships, and other insolvency proceedings. Randy regularly represents Chapter 7 trustees, creditor committees, stalking horse bidders, creditors, and insiders in matters involving § 363 sales, Chapter 11 plan confirmation hearings, adequate protection disputes, and other bankruptcy-related proceedings across the Northeast and throughout the United States, including cases pending in Delaware, the Southern District of New York, Massachusetts, California, and Florida.
Randy is a seasoned litigator who has prosecuted and defended a broad range of avoidance actions, fraudulent transfer claims, and other contested matters in Bankruptcy Court, U.S. District Court, and on appeal before the Bankruptcy Appellate Panel for the First Circuit. His litigation practice also includes breach of fiduciary duty and non-dischargeability actions, as well as complex commercial disputes in both federal and state courts, including matters before the Maine Business Court.
Under Maine law, Randy regularly advises and represents clients in the acquisition and disposition of distressed real estate through judicial foreclosure auctions, commercial auctions, and bankruptcy sales. His practice also includes mechanic’s lien matters, and he has represented numerous cities, towns, and water and sewer districts in connection with the foreclosure of real property, water, and sewer liens.
Randy’s practice includes substantial work under Article 9 of the Uniform Commercial Code. He has conducted secured-party sales, strict foreclosures, power of sale foreclosures, and judicial foreclosures on behalf of lenders and other interested parties.
Before forming Creswell Law, Randy was a director at a Portland-based law firm, where he served as Chair of the Bankruptcy/Creditor and Debtor Rights Practice Group. Earlier in his career, he clerked for The Honorable Gene Carter and The Honorable David M. Cohen of the United States District Court for the District of Maine. Prior to that federal clerkship, he served as a law clerk for the Judges of the Connecticut Superior Court.