Areas Of Emphasis

Creditors' Rights

As a creditors’ rights attorney, Michael has represented secured and unsecured creditors in bankruptcy cases throughout the United States. In the course of such representations, he has assisted creditors in, among other things:

• The enforcement of retailer and product consignment agreements;

• The assertion of reclamation claims;

• The negotiation of critical vendor agreements;

• Lease and/or executory contract assumption matters;

• The defense of preference claims;

• The prosecution of post-petition administrative expense and pre-petition claims; and

• The negotiation of claim transfer agreements.

Outside of the bankruptcy context, Michael has also represented secured creditors in various “workout” situations.

Bankruptcy

Michael is experienced in all aspects of complex corporate bankruptcy proceedings. He has, among other things,

• Served as counsel to corporate debtors, trustees in cases under chapter 7 and chapter 11 of the United States Bankruptcy Code, and statutory committees of unsecured creditors in cases in Ohio, Delaware and Michigan;

• Negotiated and drafted reorganization plans and disclosure statements and handled related plan confirmation matters;

• Dealt with all bankruptcy aspects of asset and/or going concern sales under section 363 of the United States Bankruptcy Code;

• Handled all aspects of the process to assume or reject executory contracts and unexpired leases of non-residential real property;

• Prepared and monitored substantial bankruptcy court litigation seeking the re-characterization of alleged personal property leases as disguised sale transactions; and

• Prosecuted extensive claims litigation with, among other entities, the Pension Benefit Guaranty Corporation, the Internal Revenue Service and the State of Ohio, Department of Taxation.

Business Law and Commercial Litigation

Michael has extensive experience in sales, contracts and secured transaction matters arising under the Uniform Commercial Code. He routinely negotiates and drafts contracts and other documents implementing and complying with its provisions. Michael has also actively participated in the litigation of numerous commercial disputes.

ERISA and Employee Benefits

Michael’s ERISA and employee benefits experience include the:

• Defense of alleged ERISA claims asserted against corporate entities and officer with respect to severance, insurance, and profit sharing plans discussed in individual employment agreement of discharged employee;

• Pre-rejection enforcement of collective bargaining agreements under In re Unimet Corp. and modification or rejection of collective bargaining agreements under section 1113 of the U.S. Bankruptcy Code;

• Distress termination of single employer, defined benefit plans;

• Rejection of retiree benefits under section 1114 of the U.S. Bankruptcy Code and analysis of related COBRA matters;

• Treatment of Pension Benefit Guaranty Corporation’s claims in bankruptcy: In re Sunarhauserman, Inc., 184 B.R. 273 (Bankr. N.D. Ohio 1995); and

• Treatment of multi-employer pension fund withdrawal liability claims in bankruptcy: In re Sunarhauserman, Inc., 184 B.R. 279 (Bankr. N.D. Ohio 1995).

Appellate Advocacy

• In re Nordic Village, Inc., 112 S. Ct. 1011 (1992) (Overruled, Bankruptcy Reform Act of 1994, Pub.L.No. 103-394, Section 113, 108 Stat. 4106 (1994)) (sovereign immunity of the United States).

• In re The V Companies, 292 B.R. 290 (B.A.P. 6th Cir. 2003) (derivative standing of a creditor to prosecute claims on behalf of a debtor).

• Soltesiz v. Tracy, 75 Ohio St. 3d 477, 663 N.E. 2d 1273 (1996) (liability of responsible persons for withheld employee state income tax monies).

Professional & Community Associations

• Member of the Executive Board of the North Coast Men’s Chorus, 2002-2008

• President of the North Coast Men’s Chorus, 2005-2008

Education

Case Western Reserve University School of Law, J.D., 1987
Colgate University, B.A., History, 1975

Licensed to Practice

• All Ohio State Courts
• United States District and Bankruptcy Courts for the Northern and Southern Districts of Ohio
• United States District and Bankruptcy Court for the Eastern District of Michigan
• United States Court of Appeals for the Sixth Circuit
• United States Supreme Court

Awards & Recognitions Awarded “Best Brief” Dean Dunmore Moot Court Competition, 1984-85 Member Case Western Reserve University School of Law Moot Court National Team, 1985-1986 2007 - Recognized by Inside Business Magazine as among Northeast Ohio’s “Leading Lawyers” — Bankruptcy

Articles by Michael D. Zaverton June 2010 - "Hiding in Plain Sight," posted on the website of the Ohio Manufacturers' Association on June 25, 2010 March 2010 - "Essential Tools for Surviving in a Troubled Economy: How to Deal with a Financially Distressed Buyer of Goods" January 2010 - "We Want Our Money Back!! What to Do If You Receive a Preference Demand Letter" December 2008 - "Your Customer Has Filed For Bankruptcy: What Should You Do?"

Areas of Practice

Creditors' Rights and Bankruptcy
Commercial Litigation
Business Law
Employee Benefits and ERISA
Appellate Advocacy