David A. Lerner

Representative Client Work

• Represented creditor in contested Chapter 13 regarding fraud and successor liability

• Local counsel to university defeating bankruptcy trustee seeking to recover Plus Loan proceeds

• Counsel to private investment purchaser of $93,000,000 in §363 auction sale assets in Ciber, Inc. bankruptcy case

• Successfully challenged trustee attempt to avoid mortgage

• Represents creditors in receiverships and assignment for benefit of creditors

• Represented bankruptcy trustees

• Local counsel to landlords in MC Sporting Goods case

• Represented bank in Chapter 11 of dairy farm reorganization

• Represented bank in reorganization of multi-tenant office building as well as steel fabrication facility

• Represents banks in Chapter 12 bankruptcy proceedings

• Defends clients in preference and fraudulent transfer actions

• Representation of leading mortgage companies in multiple bankruptcy matters through title insurance underwriters

• Representation of debtors in possession of major corporations in ongoing Chapter 11 bankruptcy proceedings in West Virginia

• Representation of international insurance companies as creditors in Chapter 11 automotive supplier proceedings

• Representation of Michigan municipalities as creditors in bankruptcy cases

• Representation of creditors in defense of preference actions filed by debtors and creditor committees in Chapter 11 proceedings

• Representation of creditors in Chapter 7, 11 and 13 cases, both in consumer and business bankruptcy cases

• Regularly conducts seminars for banks, title insurance agents and companies in Michigan and Ohio, as well as professional organizations, including the Michigan Land Title Association, American Law Firm Association Bankruptcy Practice Group, American Bankruptcy Institute, Michigan Judicial Conference, Federal Bankruptcy  Association/Western District 

Notable Cases

• Unsecured Creditor Committee Counsel in Mortgage Corporation of America Bankruptcy case
• Debtor’s Counsel in Sure Shot
• In Re Butcher, 35 F.Supp 2d 554 (W.D., MI 1998), 1995 WL 578193 (E.D., MI 1995)
• In Re Mann, 201 BR 910 (E.D., MI 1998) (E.D., MI 1995)
• In Re Valentine, 196 BR 386 (E.D., MI 1996)
• Debtor counsel – Highlander Alloys, Inc., Southern District of West Virginia
• Counsel for Indian tribe in Greektown bankruptcy case
• In re Sutter, 665 F3d 722 (6th Cir., 2012)
• General Electric v Wickard
• General Electric v Gainey

PROFESSIONAL AFFILIATIONS

• State Bar of Michigan (Creditor Rights and Real Property Sections)
• New York Bar Association
• Detroit Consumer Bankruptcy Association
• American Law Firm Association (Bankruptcy Practice Group)
• American Bankruptcy Institute
• Federal Bar Association (Bankruptcy Co-Chair)
• Walter Shapero Bankruptcy Symposium Organization (Trustee)