M. Whitmer
Mary  K.  Whitmer
Partner
Direct Dial: 216·736·7255
Email: mkw@kjk.com

Bankruptcy & Creditors' Rights and Litigation

 

Mary’s bankruptcy experience includes representation of secured lenders, creditors’ committee, debtors, trustees, and those who wish to purchase assets out of bankruptcy estates.  A certified public accountant, Mary has extensive experience in commercial litigation, including actions to recover assets that were fraudulently transferred.  She also regularly represents receivers in the state and federal courts.

 

Some of Mary’s experience includes representation of:

  • An Ohio bank in an action to recover payment on a loan; after trial of the issues, the United States District Court found actual fraud in the formation of a new, transferee entity and imposed successor liability;
  • A lender in the defense of retaliatory lender liability counterclaims;
  • A bank to recover damage caused by the fraudulent transfer of millions of dollars of assets from accountants who assisted in the transfer of the assets;
  • A debtor with multiple millions of dollars of asbestos personal injury liability in the filing of a Chapter 11 reorganization in the Northern District of Ohio;
  • A state court receiver for a 55 acre industrial parcel of land with 5 acres under roof, and continuation of representation of the receiver after the case filed for bankruptcy;
  • A state court receiver for an operating commercial printing company;
  • A state court receiver for an 8 story commercial building;
  • A trustee in bankruptcy to recover assets transferred by a husband to a wife pursuant to a consensual dissolution of marriage that was alleged by the trustee to be a fraudulent transfer;
  • A manufacturer in the automobile industry in the liquidation of the company through sales free and clear of liens in United States Bankruptcy Court;
  • A purchaser of assets pursuant to a sale under Article 9 of the UCC against claims of fraudulent transfer and successor liability;
  • A Fortune 500 Company in insurance coverage litigation;
  • A Fortune 500 Company in litigation over the lease of a mainframe computer.

Education

Case Western Reserve University, J.D., 1975

Certified Public Accountant, Ohio, 1978

Case Western Reserve University, B.A., 1972

 

Memberships/Associations

Mary is Vice-President of the Cleveland Bar Foundation.  She is a past Treasurer of the Cleveland Bar Association and the Cleveland Bar Foundation, and a past chair of the Bankruptcy & Commercial Law Section of the Cleveland Bar Association.

Mary is also Past President of the Commercial Law League of America, a national organization of creditors’ rights and bankruptcy attorneys.  The CLLA has been a leader in educational programming and is active in governmental affairs and lobbying efforts to promote equitable bankruptcy legislation.

 

Ohio Society of CPAs

 

Awards/Honors

Ohio Super Lawyer, 2007 and 2008

Top 50 Women Ohio Super Lawyers, 2007

Top 25 Women Super Lawyers, Cleveland, 2007

 

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