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Jason W. Bank

Member

Overview

Credentials

Insights & News

Contact info:

313.961.0200

Fax: 313.961.0388

Jason W. Bank has over 25 years of experience in bankruptcy, restructuring and general corporate law.

Biography

Jason is chair of the firm’s Bankruptcy and Restructuring Practice Group, with a focus on commercial bankruptcy, out-of-court workouts, receiverships, and creditors’ rights. Jason also acts as counsel to numerous small- and middle-market businesses and business owners.  He also serves as the firm’s General Counsel.

Jason has successfully guided numerous businesses through out-of-court loan workouts, restructurings and Chapter 11 reorganizations. He has negotiated resolutions of complex financial issues and debtor-creditor disputes and achieved consensual restructurings while avoiding bankruptcy or litigation.  When necessary, Jason has filed Chapter 11 for businesses to help preserve their assets and operations. He has helped to successfully reorganize numerous businesses in a wide variety of industries, including automotive, retail, construction, education, real estate, health care, and sports and entertainment. He also assists parties with buying and selling assets out of bankruptcy. Finally, he has represented numerous closely held business owners in distressed situations.

Jason has considerable experience representing clients in connection with the health care industry. Many organizations within the health care industry—from physician groups to hospitals to health systems— are experiencing distress due to economic challenges, regulatory changes, technological advances, and competitive pressures. He helps clients navigate these challenges.

Jason also devotes a significant amount of his practice to matters involving the automotive industry. He represents creditors in distressed situations and workouts, providing counsel, negotiating resolutions, and initiating litigation, when necessary, to enforce his clients’ rights. He serves as creditors’ rights counsel to a Tier One auto supplier. He has prosecuted and defended numerous preferential transfer and fraudulent conveyance actions.

Jason is a certified mediator and  has helped to resolve numerous disputes arising from bankruptcy litigation. He serves as Co-Chair of the U.S. Bankruptcy Court for the Eastern District of Michigan’s Facilitative Mediation Panel. 

For ten years, Jason served as an adjunct professor of law at the Michigan State University College of Law. Jason is a former President of the Detroit Chapter of the Turnaround Management Association and served on the TMA’s Board of Directors for several years. He frequently lectures to professional and trade associations, and publishes on the subjects of bankruptcy, restructuring and related topics. 

Jason has consistently been recognized as a “Michigan Super Lawyer” by Thomson Reuters and was named one of the Top 100 Attorneys in Michigan by this publication for three years. He has also been recognized by Best Lawyers in America and has been selected as a Top Lawyer by DBusiness Magazine in the areas of Bankruptcy and Creditor/Debtor Rights and Insolvency and Reorganization Law. 

Jason is an active member in his community. He currently serves on the Board of Directors for Saint Christine’s Christian Services, a soup kitchen and food pantry serving northwest Detroit. He has also volunteered in Scouting, youth sports leagues and served on the Southeast Michigan American Heart Association Metro Detroit Heart Walk Executive Cabinet.

Articles

Representative Matters

  • Lead counsel for successful Chapter 11 reorganizations of automotive, retail, manufacturing, aviation and health care businesses
  • Representation of receiver in a sale of distressed, operating automotive supplier, where numerous jobs were preserved
  • Representation of successful out-of-court restructuring of health care business
  • Representation of Tier 1 automotive company in connection with distressed automotive suppliers
  • Representation of automotive business in successful section 363 bankruptcy sale
  • Representation of creditors in large retail bankruptcy cases
  • Lead counsel for Chapter 11 reorganization of large automotive dealership
  • Represented numerous distressed companies in resort and entertainment industry, including multiple golf courses
  • Representation of court appointed receivers
  • Representation of business owners in resolution of financial issues inside and outside of bankruptcy
  • Successfully defended numerous parties in fraudulent conveyance and preferential transfer actions brought by bankruptcy trustees
  • Assisted small business owner with liquidation of distressed real estate portfolio and release of personal guarantees through settlements with lenders; protected personal and business assets while avoiding bankruptcy

Contact info:

313.961.0200

Fax: 313.961.0388

Jason W. Bank has over 25 years of experience in bankruptcy, restructuring and general corporate law.

Affiliations

  • U.S. Bankruptcy Court for Eastern District of Michigan
    • Facilitative Mediation Panel, Co-Chair
    • Local Rules Advisory Committee
  • Turnaround Management Association, Detroit Chapter
    • President (2016-17)
    • Board of Directors (2012 – 2018)
  • American Bankruptcy Institute
  • Federal Bar Association
  • Detroit Metropolitan Bar Association, Debtor-Creditor Rights Section
  • State Bar of Michigan – Business Law Section
  • Detroit Bar Foundation, Fellow
  • American Heart Association, Metro Detroit Heart Walk Executive Cabinet

Bar and Court Admissions

  • Michigan
  • United States District Court, Eastern District of Michigan
  • United States District Court, Western District of Michigan
  • United States District Court, Northern District of Ohio
  • United States Court of Appeals for the Sixth Circuit

Education

  • University of Michigan
  • Wayne State University Law School

Contact info:

313.961.0200

Fax: 313.961.0388

Jason W. Bank has over 25 years of experience in bankruptcy, restructuring and general corporate law.

October 17, 2023

U.S. Supreme Court to Address Permissibility of Non-Consensual Third-Party Releases in Chapter 11 Bankruptcy Plans

SCOTUS has granted certiorari in the U.S. Department of Justice’s appeal of the approval of a plan in the Purdue Pharma chapter 11 case that approved non-consensual releases. Chapter 11...

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August 17, 2023

Kerr Russell Attorneys Recognized By Best Lawyers In America© 2024 And Best Lawyers: Ones To Watch

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence and are compiled based on an exhaustive peer-review evaluation. More...

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February 1, 2023

Post-Holiday Blues Ushers in Winter of Discontent for Some Retailers

Unfortunately, many retailers face a reckoning in January and February after lower-than-expected holiday sales. Bed Bath & Beyond is the latest retailer to face a post-holiday swoon and will likely...

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November 17, 2022

Third-Party Releases in Chapter 11 Bankruptcy

Historically, a business (known as a debtor) filed for chapter 11 to restructure its debts owed to creditors through a plan of reorganization. The debtor would receive a discharge...

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August 18, 2022

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2023 and Best Lawyers: Ones to Watch

Kerr Russell also had six attorneys recognized as 2023 Best Lawyers: Ones To Watch in the practice areas of corporate law, tax law, mergers and acquisitions, labor and employment...

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August 12, 2022

Kerr Russell Attorneys Named 2022 Michigan Super Lawyers and Rising Stars

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys...

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June 30, 2022

Bankruptcy Threshold Adjustment and Technical Corrections Act Enacted

The increased debt limit, set to expire on June 21, 2024, unless extended, will ensure that more small businesses are able to take advantage of the streamlined, and less...

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March 16, 2022

No Foolin’: Bankruptcy Code Changes Go into Effect on April 1

The adjustments are required to take place every three years pursuant to 11 U.S.C. §104. The new dollar amounts reflect an approximate, average 11% increase. Here is a summary of...

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January 21, 2022

Politics and Insolvency: The Saga of Delphi Retirees

Typically, who gets paid and who doesn’t is governed strictly within the confines of the U.S. Bankruptcy Code and applicable law. However, the case of the Delphi salaried retirees...

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January 12, 2022

The Trustee Cometh: Responding to Adversary Complaints in Bankruptcy Cases

The Basics An insolvent company filing for bankruptcy – commonly referenced as a “debtor” — may seek to reorganize under chapter 11 or liquidate under chapter 7 of the Bankruptcy...

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