David has been at the forefront of commercial finance and transactions law for over 30 years, both as an attorney and as practice group chair in the specialized area of collections law and the enforcement of creditors’ rights throughout Wisconsin. During this time, he has gained deep experience in all aspects of commercial finance counseling and in the representation and protection of business interests in state, federal, and bankruptcy courts on issues involving contract law, checks, construction lien/bond law, the Uniform Commercial Code and general business and consumer credit law, and any litigation relating thereto. If a legal issue relating to commerce arises, the chances are that David has been there and done that before.
David regularly represents secured and unsecured business creditors, financial institutions, and liquidating Bankruptcy trustees and state court receivers. He has aggressively resolved business disputes, in and out of court, and has a long record of debt recovery and asset liquidation in Wisconsin and beyond.
With seasoned judgment accumulated over 35 years of both general and specialized experience in law and business, David’s practice also includes transactions advice, document drafting, negotiation assistance in such areas as real estate and business asset purchase and sale transactions, bank lending, contract review and drafting, corporate and business entity formation and dissolution.
Representative examples of David’s recent litigation include:
- An involuntary receivership action against a failing HVAC contractor on behalf of several of its unsecured creditors. The case involved advanced trust fund and theft by contractor claims, bankruptcy involvement and resulted in a 49% distribution to client creditors.
- An involuntary receivership for two unsecured creditors against a Dane County self-liquidating organization leading to 100% recovery by each client.A successor liability claim of multiple creditors/suppliers against an air purification services organization.
- Representing the Unsecured Creditors’ Committee in the bankruptcy of a major auto dealership, including the auction liquidation of its assets to the benefit of creditors.
- Litigation of a statutory action to intervene in probate proceedings and obtain payment for a creditor of an heir in Milwaukee County Circuit Court.
Over the years, David has helped coordinate KMKSC’s efforts to improve and protect the rights of creditors through the introduction of and support of legislative action. Some examples of such initiatives include:
- Successful advocacy of preservation of Wisconsin’s Bulk Sales Law against repeated campaigns to revise the UCC.
- Active participant in the successful initiative to roll back defendant/debtor time to respond to creditor lawsuit, from 45 days to 20 days.
- Supported the successful proposal to restore the UCC provision for creditors damages based on and NSF check.
- Key advocate for the successful campaign to strengthen the Wisconsin “theft by contractor” laws.