Overview

Andy is a member of the Business Restructuring, Creditors' Rights & Bankruptcy, and Business Litigation practice groups. He focuses his practice on commercial and creditors' rights, bankruptcy (primarily Chapter 11 reorganizations), workouts, commercial litigation, Uniform Commercial Code controversies and other commercial law cases including secured transactions.

Experience
Creditor Committee Representation
  • Summitville Tiles, Inc. (Northern District of Ohio). Committee representation in the Chapter 11 case of a manufacturer of ceramic tiles.
  • Pak-Mor Manufacturing Company (Western District of Texas). Committee representation in the Chapter 11 case of a manufacturer of garbage and refuse trucks.
  • Atlantic Metal Products, Inc. (District of New Jersey). Committee representation in the Chapter 11 case of a metal fabrication and processing company.
Lender Representation
  • Concord Steel, Inc. (Northern District of Ohio). Representation of secured lender in bankruptcy of manufacturer of steel counterweights.
  • A.B. Dick Company (District of Delaware). Representation of senior secured lender in the Chapter 11 of a manufacturer of printing equipment.
  • R.I.A. Melbourne L.P. (Northern District of Ohio). Representation of senior secured lender in Chapter 11 of Florida shopping center.
  • Deaconess Hospital LLC (Northern District of Ohio). Representation of secured lender in Chapter 11 of acute care hospital.
  • Level Propane Gases, Inc. (Northern District of Ohio). Representation of major equipment financiers in Chapter 11 of large propane gas distributor.
  • Midland Food Services III, LLC (Northern District of Ohio). Representation of secured lender in Chapter 11 of restaurant franchise operator.
  • Solar Cosmetic Labs, Inc. (Southern District of Florida). Representation of secured lender in bankruptcy of manufacturer of sun and skin care products.
Debtor Representation
  • GEO Specialty Chemicals, Inc. (District of New Jersey). Chapter 11 representation of multi-state manufacturer of specialty chemicals.
  • H.L. Crouse Construction Company, Inc. (Northern District of Ohio). Chapter 11 representation of large pipeline construction company.
Other Bankruptcy Representation
  • WL Homes LLC (District of Delaware). Representation of buyer of assets at 363 sale in bankruptcy of national home builder.
  • Regional Diagnostics, LLC (Northern District of Ohio). Representation of multiple defendants in adversary proceeding alleging fraudulent transfers.
  • Securities Investor Protection Corp. v. NEBS Financial Services, Inc. (Northern District of Ohio). Representation of court-appointed trustee for SIPC liquidation of broker-dealer under the Securities Investor Protection Act (SIPA).
  • CEP Holdings, LLC (Northern District of Ohio). Representation of major auto manufacturer in bankruptcy of automotive parts supplier.
  • Weirton Steel Corp. (Northern District of West Virginia). Representation of lessor of steam generation facility in bankruptcy of steel manufacturer.
Publications
  • “Ninth Circuit Reignites Debate Over the Interplay of Sections 363 and 365 of the Bankruptcy Code,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2017
  • Co-Author: Chapter 23, "Special Focus: Toll Charges or Free Access? Must a Secured Creditor Pay to Play in Chapter 11?" Commercial Bankruptcy Litigation, 2d (2016 ed. West®)
  • Co-Author: "Debtor’s Power to Reject Executory Contract Trumps Counter-Party Debtor’s Power To Assume Same Agreement," The Bankruptcy Strategist at Volume 33, Number 9 (July 2016); LJN’s Equipment Leasing Newsletter at Volume 35, Number 6 (July 2016)
  • Co-Author: "The Article 8 Opt In: A Potential Minefield For the Unsuspecting Lender; LJN’s Equipment Leasing Newsletter at Volume 35, Number 7 (August 2016); The Bankruptcy Strategist at Volume 33, Number 11 (September 2016)
  • Co-Author: "Supreme Court Provides Answer Regarding Extent of Federal Judiciary’s Powers," AIRA Journal, August 2015
  • Co-Author: "Caulkett: Debtors May not Strip off Wholly Unsecured Junior Mortgages in Chapter 7," American Bankruptcy Institute Journal, August 2015
  • Co-Author: "Supreme Court Leaves Key Question on Extent of Bankruptcy Court Authority Unanswered for Now," AIRA Journal, Winter 2015
  • “Bankruptcy Court Upholds Secured Creditor’s Right to Credit Bid, Rejects “Chilling” Argument,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2014
  • “Supreme Court Rules on Bankruptcy Courts’ Constitutional Authority, Leaves Key Question Unanswered,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, June 11, 2014
  • Co-Author: Chapter, “Special Focus: Toll Charges or Free Access? Must a Secured Creditor Pay to Play in Chapter 11?” Commercial Bankruptcy Litigation, 2d (2014 ed. West®)
  • Co-Author: “Fourth Circuit Upholds Extension of Protections to Intellectual Property Licensees in Chapter 15 Case,” AIRA Journal, Winter 2014
  • Co-Author: “Recent Changes to Article 9,” Pratt’s Journal of Bankruptcy Law, July/August 2013
  • Chapter author, “Defending Creditors in Bankruptcy Litigation: New Strategies and Concerns,” Strategies for Consumer Bankruptcy Litigation, 2013 Thomson Reuters/Aspatore
  • Co-author, “Sixth and Ninth Circuits Split on Constitutional Conundrum Involving Authority of Bankruptcy Courts,” Cleveland Metropolitan Bar Journal, May 2013
  • Co-author, “Settling the Municipal Landscape: How Pre-Plan Settlements in Chapter 9 May Sidestep the Traditional Claims-Resolution Process,” American Bankruptcy Institute Journal, May 2013
  • “Bankruptcy Court Upholds Plan Provision Allowing Payment of Fees to Members of Creditors’ Committee,” Pratt’s Journal of Bankruptcy Law, April/May 2013
  • Co-author, “Post-Stern Split Emerges over Consent to Bankruptcy Court Authority,” Bankruptcy Law Review, April 2013
  • Co-author, “Post-Stern Split Emerges over Consent to Bankruptcy Court Authority,” Westlaw Journal Bankruptcy, March 2013
  • Co-author, Chapter 23, “Special Focus: Toll Charges or Free Access? Must a Secured Creditor Pay to Play in Chapter 11?”, Commercial Bankruptcy Litigation, 2d, 2013 ed. West
  • Co-author, “Lender Beware: Eleventh Circuit Court of Appeals Allows TOUSA Decision to Stand,” NY Business Law Journal, Winter 2012
  • Co-author, “Lender Beware: Eleventh Circuit Court of Appeals Allows TOUSA Decision to Stand," AIRA Journal, October 2012
  • Co-author, “Secured Creditors Secure Win: Supreme Court Upholds Credit Bidding Rights,” The Bankruptcy Strategist, July 2012
  • Co-author, “Growing Trend? Recent Cases Say That Electricity is a Good,” American Bankruptcy Institute Journal, July 2012
  • Co-author, “Secured Creditors Win Right to Credit Bid,” LJN’s Equipment Leasing Newsletter, July 2012
  • Co-author, “Lender Beware: Eleventh Circuit Court of Appeals Reinstates TOUSA Bankruptcy Court Holding,” ALI-ABA Course of Study, Commercial Real Estate Financing: Strategies for Changing Markets and Uncertain Times, June 2012
  • “The Mighty Sword of PACA in Bankruptcy,” The Bankruptcy Strategist, December 2011
    "Litigation Strategy, Cost-Shifting and Offers of Judgment: The Underutilized Rule 68 Device," American Bankruptcy Institute Journal, April 2011
  • Co-author, “TOUSA 2 – Round Two of TOUSA Battle Goes to Lenders,” ALI-ABA Course of Study, Commercial Real Estate Financing: Strategies for Changing Markets and Uncertain Times, April 2011
  • Co-author, "Retention and Payment of Bankruptcy Professionals: Don't Become a Donor to the Estate," American Bankruptcy Institute Journal, November 2010
  • "The ABCs of Proofs of Claim," American Bankruptcy Institute Journal, April 2010
  • Co-author, "Chapter 11's Costs of Admission," Cleveland Metropolitan Bar Journal, September 2009
  • Co-author, "Buying Assets from a Bankruptcy," Scrap magazine, July/August 2009
  • "Must a Secured Creditor 'Pay to Play' in Chapter 11," American Bankruptcy Institute Journal, March 2009
  • Co-author, "Withdrawing Your Lawsuit from Bankruptcy Court and Depositing It into District Court," Cleveland Metropolitan Bar Journal, February 2009
  • Co-author (with Curtis L. Tuggle), "The Benefits Priority Cap of § 507(a)(5): Chalk One Up for Statutory Plain Meaning," The Bankruptcy Strategist, June 2008
  • Co-author, "Preserving Estate Claims Post-Confirmation: A Need for Uniformity from the Circuit Courts," American Bankruptcy Institute Journal, March 2008
  • "School Principals and New York Times: Ohio's Narrow Reading of Who is a Public Official or Public Figure," Cleveland State Law Review, 2000
Presentations
  • Co-Presenter:  "Lien on Me: Updating the Uniform Commercial Code," 2017 William J. O’Neill Great Lakes Regional Bankruptcy Institute, May 5, 2017
  • Co-Presenter:"Catch Me if You Can:  Pinning Down Security Interests in Highly Mobile Assets," Federal Bar Association Webinar CLE Program, April 1, 2015
  • "Introduction to Commercial Bankruptcies with a Focus on the Debtor's Perspective," The Cleveland Law Library Association, December 2012
  • "Loan Forbearance Options and Waivers After Default: Crafting Effective Forbearance Agreements that Minimize Lender Liability and Bankruptcy Risks," Strafford webinar, September 2012
  • Lightning Round Panelist, 2012 William J. O'Neill Regional Bankruptcy Institute, May 2012
  • "Impact of the MF Global Collapse," ISRI webinar, December 2011
  • "Loan Forbearance Options and Waivers After Default: Crafting Effective Forbearance Agreements," Strafford webinar, November 2011
  • "Bankruptcy Before "Bankruptcy": Where Did It Come From And What Did We Do Without It?", Federal Bar Association, Northern District of Ohio Chapter, July 2011
  • "Basic Bankruptcy Considerations for Environmental Practitioners," Cleveland Metropolitan Bar Association, November 2010
  • "Market Responses to Distressed Assets Issues," Cleveland Metropolitan Bar Association, November 2009
  • "2009 Bankruptcy Law Update," National Business Institute, April 2009
  • "Loan Documentation: Lessons Learned and What We Can Do Now in Ohio," Lorman Education Services, November 2008
  • "Basic Bankruptcy Litigation," National Business Institute, December 2007
  • "Bankruptcy Considerations in Loan Documents," Lorman Education Services, September 2006/2007
  • "New Creditor Strategies for Old Problems: Taking Advantage of the 2005 Bankruptcy Code Amendments," Columbus, Dayton and Cleveland, Spring 2006
  • Speaker on numerous topics for client and trade group presentations
Distinctions
  • Listed in The Best Lawyers in America, 2014 to 2019
  • Selected for inclusion as an Ohio Super Lawyers Rising Star
  • Awarded 2012 ABA Military Pro Bono Project Outstanding Services Award
Professional and Civic

Professional Associations

  • American Bankruptcy Institute, member; coordinating editor, ABI Journal
  • Federal Bar Association, member; co-chair, Northern District of Ohio Bankruptcy Committee; FBA liaison to Historical Committee of the Northern District of Ohio Bankruptcy Court
  • Turnaround Management Association, member
News