Shelly focuses her practice in the areas of creditors’ rights, bankruptcy law, business law and real estate law. Shelly routinely assists commercial lending institutions, special servicers, receivers and commercial borrowers in loan restructuring and financial workouts, asset seizures, foreclosures and bankruptcies. Shelly also advises lenders and borrowers in the origination of mortgage-based financing, asset-based financing and equipment loans. Shelly counsels closely-held businesses in the negotiation and preparation of acquisition and disposition agreements, including asset purchase, stock purchase and buy-sell agreements.
Shelly has helped corporate clients address a wide range of day-to-day business-related issues including employment-related documentation, noncompetition and nonsolicitation agreements, vendor agreements and license agreements. Shelly also advises corporate entities on business succession planning.
Shelly has significant experience in complex real estate transactions including the acquisition and disposition of commercial properties, mortgage financing transactions, lease negotiations and landlord-tenant disputes. In addition, Shelly has represented both school boards and property owners in real estate tax valuation disputes in local boards of revision and the Ohio Board of Tax Appeals.
- Represents minority shareholders in a closely held business dispute.
- Represents regional newspapers in actions relating to employment disputes and the improper disclosure of confidential information.
- Defended real estate developer from breach of implied and express warranty claims.
- Prosecutes fraudulent conveyance actions on behalf of national banking associations.
- Prosecutes and defends quiet title actions relating to lien validity and/or boundary disputes.
- Counsels clients with entity formation, including entity selection and drafting of organizational documents.
- Represents small closely held businesses, as well as publicly traded entities, in connection with asset acquisitions and dispositions.
- Counsels regional newspaper clients in negotiation and preparation of independent contractor agreements and freelance agreements.
- Negotiates vendor, non-disclosure, and confidentiality agreements for regional manufacturing client.
- Drafts, reviews and negotiates executive and executive incentive compensation agreements.
- Counsels closely held businesses on succession planning, including buy-sell agreements, deferred compensation plans and consulting arrangement.
CREDITORS’ RIGHTS AND BANKRUPTCY
- Initiates and prosecutes lawsuits to obtain money judgments on notes, account statements, invoices, and other contracts and agreements.
- Enforced liens and realized upon real and personal property collateral, including non-judicial repossessions and secured-party sales, foreclosure actions, and replevin actions.
- Representing creditors in connection with collateral perfection and priority disputes.
- Obtained the appointment of receivers for debtors and/or collateral and pursuing receivership sales of assets.
- Represented creditors in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, including plan review, objections, and administration, motions for relief and abandonment, and initiating and prosecuting adversary proceedings.
- Negotiates and drafts out-of-court workouts and modification agreements.
- Defending counterclaims and “lender liability” actions initiated by debtors.
- Represents public and private clients in purchase and sale agreements, build-to-suit leases and purchase agreements, easement and right-of-way agreements, leases and financing.
- Represents tenant and landlords in lease preparation and negotiation for commercial space.
- Represents a publicly traded entity in the purchase of Cleveland landmarks and the realization of certain economic tax credits arising therefrom.
- Represents commercial real estate owners in lot splits and lot consolidations, including air rights.
- Represents property owners and school boards in various real estate tax valuation disputes.
CREDITORS’ RIGHTS LITIGATION
- Representation of national banking associations in cognovits or long form judgment commercial collection actions.
- Representation of judgment lien creditors in execution actions including, without limitation, foreclosures, garnishments and replevins.
- Representation of debtors and creditors in Chapter 7, 13 and 11 bankruptcies.
- Representation of vendors and suppliers in bankruptcy preference actions.
- Representation of lenders in the appointment of receivers in collection actions.
- Representation of receivers and special servicers in collection actions.
MERGERS, ACQUISITIONS & JOINT VENTURES
- Representation of small closely held businesses, as well as publicly traded entities, in connection with corporate acquisitions and dispositions.
- Representation of small closely held businesses in generation or key employee succession planning.
- Representation of metal plating company in sale involving roll-over equity in acquiring entity.
- Assisted acquiring entity with due diligence materials in purchase of regional printing facility.
- Negotiated letter of intent and stock purchase agreement in sale of national gear manufacturing facility.
- 2012-2020 – Selected to Ohio Super Lawyers Rising Stars list (2012-2018) and Ohio Super Lawyers list (2019-2020). Areas of practice: Creditor Debtor Rights; Creditor Debtor Rights: Business; Business/Corporate.
- Cleveland Metropolitan Bar Association
- Ohio State Bar Association
- International Women’s Insolvency & Restructuring Confederation (IWIRC)
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