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Randy J. Creswell

Summary

Randy Creswell is the Chair of the Firm’s Bankruptcy/Creditor and Debtor Rights Practice Group.

Mr. Creswell has nearly twenty years of experience representing national and regional lenders, banks, financial institutions, private equity firms, secured and unsecured creditors, and lessors in consumer and complex commercial cases under Chapters 7, 11, 12, and 13 of the Bankruptcy Code.  He has handled numerous out-of-court workouts, receiverships and insolvency proceedings, and he has extensive experience representing Chapter 7 trustees, Creditor Committees, stalking horse bidders, and other creditors, insiders, and interested parties in § 363 sales, confirmations of Chapter 11 plans, adequate protection hearings, and all aspects of bankruptcy cases throughout the Northeast and nationally, including cases pending in the Districts of Delaware, Southern District of New York, Massachusetts, California, and Florida.

As a skilled and technically sound litigator, he has prosecuted and defended hundreds of avoidance and fraudulent transfer actions and other contested matters in Bankruptcy Court, and he has brought and defended many breach of fiduciary duty and non-dischargeability cases. He is fully versed and proficient in Article 9 of the Uniform Commercial Code, and has conducted numerous secured-party sales, strict foreclosures, power of sale foreclosures, and judicial foreclosures.

Mr. Creswell has particular acumen and experience under Maine law in all aspects of the acquisition and sale of distressed real estate, whether through judicial foreclosure auctions, commercial auctions, or bankruptcy sales.

Mr. Creswell is AV Peer Review Rated for Ethical Standards and Legal Ability by Martindale-Hubbell.  Since 2009, he has been listed in The Best Lawyers in America© in the field of Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, and since 2013, he has also been recognized by The Best Lawyers in America© in the field of Litigation – Bankruptcy.

Chambers USA has described Mr. Creswell as being a “highly regarded bankruptcy lawyer, noted for being thorough, hard-working and detail-oriented,” and New England Rising Stars has also recognized Mr. Creswell for his work in the field of Bankruptcy & Creditor/Debtor Rights and Bankruptcy/Consumer and Business Litigation.

Mr. Creswell received his J.D. from Quinnipiac College School of Law where he was a member of the Quinnipiac Law Review, and he is admitted to practice in multiple jurisdictions and federal courts. Prior to joining the firm, he served as a law clerk for The Honorable Gene Carter and The Honorable David M. Cohen of the United States District Court for the District of Maine. Prior to those federal clerkships, he served as a law clerk for the Connecticut Superior Court.

Education

Quinnipiac College School of Law
J.D., cum laude | 1998
Quinnipiac Law Review, Associate Editor 1996

University of Southern Maine
B.A., cum laude | 1995

Bar / Court Admissions

  • U.S. Court of Appeals, First Circuit | 2002
  • U.S. District Court, District of New Hampshire | 2006
  • U.S. District Court, District of Maine | 2000
  • New Hampshire | 2006
  • Maine | 1999
  • Connecticut | 1998

Publications / Seminars

Mr. Creswell has presented numerous seminars on bankruptcy law and related issues, including at the Northeast Bankruptcy Conference for the American Bankruptcy Institute. He has also presented at the Judicial Conference of the United States District Court for the District of Maine, for the Maine State Bar Association, and on behalf of the Cumberland County Bar Association. Some of his seminars include:

  • Scheduled Presenter, Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster, for the Northeast Bankruptcy Conference for the American Bankruptcy Institute (2017)
  • Presenter, Chapter 13: Developing Issues and the Challenges for Debtors, Creditors and Trustees, for the Northeast Bankruptcy Conference for the American Bankruptcy Institute (2015)
  • Presenter, Executory Contracts in Bankruptcy, for the Northeast Bankruptcy Conference for the American Bankruptcy Institute (2011)
  • Presenter, Seminar on Shifting Trends in Bankruptcy, for the Maine State Bar Association (2010)
  • Presenter, Individual Chapter 11 Cases, for the Judicial Conference of the United States District Court for the District of Maine (2006)
  • Presenter, Seminar on Complex Issues in Individual Chapter 11 Bankruptcy at the Judicial Conference of the United States District Court for the District of Maine (2006)
  • Presenter, Seminar on Bankruptcy Issues in Divorce for the Family Law Institute Section of the Maine State Bar Association (2006)
  • Presenter, Seminar on Practice Pointers for Counsel under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 for the State of Maine, Cumberland Bar Association (2006)

Service / Achievements

Mr. Creswell is the Chair of the Local Rules Committee for the United States Bankruptcy Court for the District of Maine.  He is also a long-standing member of the Board of Trustees for the Portland Public Library, and he currently serves as the Board’s First Vice President.  He has served as the Planning Chair of the Turnaround Management Association, Northeast Division, and he is a past member of the Town of Falmouth Planning Board.  Mr. Creswell is also an active member of the American Bankruptcy Institute’s CARE Program.