Randall F. Scherck

Bankruptcy

• Represented large Bank Group and secured lender in significant chapter 11 case, resulting in plan confirmation and obtaining maximum recovery for Bank Group.
• Represented multiple landlords in national tenant bankruptcy and obtained recovery of premises and payment of large post-petition administrative expense claims.
• Represented franchisees in national franchisor bankruptcy and successfully obtained release of franchisees from franchise agreement.
• Represented multiple creditors in a variety of bankruptcies, defending preference claims and either eliminating the claims or settling the claims at significant discounts for the clients.
• Represented multiple secured and unsecured creditors in various bankruptcies to obtain the maximum recovery of their claims and to recover collateral from the debtor.
• Represented a large public company engaged in providing public relations services to obtain status as a critical vendor in a national bankruptcy case, resulting in full payment of the client’s pre-petition and post-petition claims.

Litigation

• Represented various equipment leasing companies to obtain judgments and monetary recoveries as well as recovery of the leased equipment in lawsuits throughout the country.
• Represented large and smaller banking institutions to enforce promissory notes, security agreements, pledge agreements, and loan agreements to secure the maximum recovery and replevin the collateral securing such transactions.
• Represented local tape and label company in multiple lawsuits to recover contractual and non-contractual payments from various customers.
• Represented condominium association to force sub-condominium association to abide by Condominium Declaration and Bylaws, which resulted in judgment awarding client status as operating association and payment of years of past due assessments.
• Represented various manufacturing businesses and successfully enforced and defended non-compete and non-solicitation agreements involving current and former employees.
• Represented beneficiaries of fiduciary trust to eliminate trustees who were receiving excessive fees for payment of duties as trustees.

Real Estate

• Represented various condominium associations in drafting Declaration Amendments and enforcing terms of Declarations and Bylaws.
• Arranged for and conducted over 100 foreclosure sales of commercial and residential real estate by judicial and non-judicial sales.
• Drafted, negotiated and amended various commercial and residential lease agreements for various clients, including a large national tenant in the bridal wardrobe business.
• Drafted, negotiated and amended various mortgages and deeds of trusts for various financial institutions, including national and regional banks.

Debtor/Creditor

• Represented regional airlines in negotiating workout arrangements with various creditors and liquidation of assets to secure large payments to all creditors.
• Represented various national and regional Banks, equipment leasing companies and finance companies in negotiating settlements and resolution of various claims against borrowers, resulting in significant recovery for the applicable client.
• Represented large national department store chain in handling collections of its retail and commercial debt from its customers throughout the country.
• Represented multiple manufacturing and service businesses in enforcing judgments against individuals and companies by garnishment and various forms of execution on the assets of the debtors.