Randy J. Creswell

For more than 20 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 arising under Chapters 7, 11, and 13 of the Bankruptcy Code. His practice focuses on Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, and Litigation – Bankruptcy. Based in Portland, Maine, Randy regularly handles matters throughout the Northeast and nationally, including cases pending in the Districts of Delaware, the Southern District of New York, Massachusetts, California, and Florida.

Randy has handled numerous out-of-court workouts, receiverships, and other insolvency proceedings. He has represented Chapter 7 trustees, creditor committees, stalking horse bidders, and creditors and insiders in connection with § 363 sales, Chapter 11 plan confirmation hearings, adequate protection contested matters, and other significant aspects of bankruptcy cases.

His litigation practice includes the prosecution and defense 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. Randy has also handled breach of fiduciary duty and non-dischargeability matters and is routinely involved in complex commercial litigation in both federal and state courts, including proceedings before the Maine Business Court.

Randy has substantial experience under Maine law involving the acquisition and disposition of distressed real estate through judicial foreclosure auctions, commercial auctions, and bankruptcy sales. He regularly works with mechanic’s lien issues and has represented municipalities, including cities, towns, and water and sewer districts, in matters involving the foreclosure of real property, water, and sewer liens.

He advises clients on matters governed by Article 9 of the Uniform Commercial Code and has conducted secured-party sales, strict foreclosures, power of sale foreclosures, and judicial foreclosures.

Prior to forming Creswell Law, Randy was a director at a Portland, Maine 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, and previously served as a law clerk for the Judges of the Connecticut Superior Court.

Randy earned his J.D. from Quinnipiac College School of Law, where he was a member of the Quinnipiac Law Review. He is admitted to practice in multiple jurisdictions and federal courts, including the District of Maine, the District of New Hampshire, and the United States Court of Appeals for the First Circuit.

He previously served for nearly a decade on the Local Rules Committee for the United States Bankruptcy Court for the District of Maine and was the Committee’s Chair.

Randy also served as President of the Board of Trustees for the Portland Public Library, where he was a board member from 2009 through 2019. His professional and community involvement has included service as Planning Chair of the Turnaround Management Association, Northeast Division, membership on the Town of Falmouth Planning Board, and leadership within the Cumberland Bar Association, including a term as President in 2007.

Randy has been recognized by his peers through multiple professional honors. He was named the 2020 “Lawyer of the Year” in Litigation – Bankruptcy and the 2019 “Lawyer of the Year” in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in Portland, Maine by The Best Lawyers in America©. He has been listed in The Best Lawyers in America© for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law for more than a decade and, since 2011, for Litigation – Bankruptcy. Randy has also been named a New England Super Lawyer for Bankruptcy and Creditor/Debtor Rights and Bankruptcy/Consumer and Business Litigation and holds an AV Peer Review Rating from Martindale-Hubbell.

Outside of his legal practice, Randy enjoys spending time with his wife and three children, playing men’s league ice hockey, and volunteering with Goodwill Industries, the American Bankruptcy Institute’s CARE program (Credit Abuse Resistance Education), and related organizations.