Our Lawyers

Mr. Kerth concentrates his practice in the areas of commercial bankruptcy and loan workouts, as well as secured transactions and loan documentation.

Bankruptcy and Creditors' Rights

Mr. Kerth represents both debtors and creditors in all phases of commercial and agricultural bankruptcy reorganizations.  He regularly represents clients before the federal bankruptcy court in litigation arising in bankruptcy cases, including relief from stay motions, preference claims and fraudulent transfer claims.

He also represents both lenders and borrowers in informal loan workouts and enforcement of creditors' rights, including foreclosure and replevin proceedings.

Representative engagements include:

• Lender's counsel for loan workout for a regional time-share resort

• Lender's and borrower's counsel in workouts and foreclosures with commercial and residential builders and developers

• Lender's counsel for workout with automotive and RV dealerships

• Debtor's counsel in Chapter 11 case for building products distributor to establish "channeling" trust for asbestos claims

• Debtor's counsel for publicly traded steel products distributor

• Lender's counsel in serial Chapter 11 filings for steel producer

• Airport authority's counsel in Chapter 11 for national airline

• Creditor's committee counsel in Chapter 11 for multiple facility  weight loss company

• Receiver for 501(c)(3) entity

Secured Transactions

Mr. Kerth represents lenders and borrowers in the documentation of secured transactions involving both real and personal property, and in particular advises clients in the structuring of loan transactions to avoid subsequent fraudulent conveyance claims and other bankruptcy issues.

Education:

University of Chicago Law School, Chicago, Illinois, 1981
Juris Doctor

Connecticut College, New London, Connecticut, 1978
B.A., Bachelor of Arts
Honors: Magna Cum Laude
Honors: Phi Beta Kappa

Randolph-Macon College, Ashland, Virginia