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Robert M. Stefancin

Partner | Bankruptcy & Restructuring

Overview

Robert is a Partner in WH Burkley’s Bankruptcy and Restructuring Group. Rob focuses his practice on insolvency and bankruptcy case work and has represented equity security holders, secured lenders, unsecured creditors’ committees, trustees, receivers, and those who wish to purchase assets out of bankruptcy estates. Rob has extensive experience in commercial litigation including commercial foreclosures, contract litigation and recovering assets fraudulently transferred or concealed from creditors.

Experience

  • A successful purchaser of assets of an automobile shipping company in a Dallas, Texas Chapter 11 case, in which the buyer advanced post-petition debt to the debtor to allow a successful credit bid of the assets
  • Multi-media company in Cleveland, Ohio in a wind down of its business, developing a plan to allow a return to unsecured creditors
  • Stalking horse purchaser of assets of a manufacturing company in an Ohio receivership, which acquired the assets
  • A Cleveland hotel in the renegotiation of its secured debt, enabling continued operation of the business
  • Secured creditor of a downtown Cleveland residential apartment complex to successfully sell and credit bid the debt, enabling client to acquire property and improve use and occupancy
  • Receiver in an action brought by the Ohio Division of Securities against the owners of a real estate business which was determined to be a Ponzi scheme
  • Chapter 7 Trustee in the sale of machinery and equipment of an office supply company, generating a distribution to unsecured creditors
  • Secured lender in a Chapter 7 case, successfully securing collateral, and collecting proceeds of sale in complete satisfaction of secured debt
  • Creditors sued for the recovery of preferential transfers, providing a successful defense
  • A lender, effectively defending in accusation of violating the bankruptcy stay
  • A plastic extruder, effectively defending accusation of violating obligations under the Uniform Commercial Code
  • Defendant in successful litigation over the enforcement of an individual commercial corporate guaranty
  • Lender plaintiff in litigation, prevailing in the enforcement of a commercial promissory note and security agreement
  • Property owner in defense litigation over restrictions in the use of real property under an easement
  • Municipal client in winning defense of an obligation to perform under a writ of mandamus
  • A non-profit board, advising as to the scope of its fiduciary duties to its members and the entity

 

Recognition

  • Best Lawyers – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law | 2012-present
  • Best Lawyers – Litigation – Bankruptcy | 2012-present
  • Super Lawyers – Bankruptcy (Ohio) | 2013-present
  • Super Lawyers – Bankruptcy “Rising Star” (Ohio) | 2006
  • Martindale-Hubbell – AV Preeminent Rated

Associations

  • Turnaround Management Association, Ohio Chapter (Board Member, 2012-present)

Education

  • Case Western Reserve University, J.D., 1990
  • Washington & Jefferson College, B.A., 1987