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Amy J. Swedberg 
Partner

p 612-672-8367
f612-642-8367
amy.swedberg@maslon.com

3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402

Amy Swedberg is a partner in Maslon's Financial Services Group. Her practice focuses primarily on creditors' rights and bankruptcy in the representation of financial institutions, indenture trustees and other commercial creditors in default situations. Amy is an experienced litigator in the bankruptcy courts in Minnesota and other jurisdictions. Amy also assists lenders in real estate foreclosures, receiverships, pursuing loan collateral, negotiating workouts and drafting commercial loan documentation. Amy's experience includes the representation of creditors and indenture trustees in major chapter 11 bankruptcies including Delta Air Lines, Petters Company, New World Pasta, Polaroid, Renew Energy, Kaiser Aluminum, Advantage Rent-A-Car, Interstate Bakeries, Premier Entertainment and United Homes.

Areas of Practice
  • Financial Services
  • Creditors' Rights in Bankruptcy
  • Defaulted Loans and Workouts
  • Indenture Trustee Representation
  • Commercial Loan Documentation
Education
  • University of Minnesota Law School, Minneapolis, Minnesota, 1996
    J.D.
    Honors: magna cum laude
    Honors:  Order of the Coif
    Honors:  Phi Kappa Phi
    Honors:  Best Brief and 5th Place Oralist, Regional Competition
    Honors:  Participant, Int'l Comp., Philip C. Jessup Int'l Law Moot Court
    Honors:  Legal Writing Honors
  • University of Saint Thomas, St. Paul, Minnesota, 1993
    B.A.
    Honors: summa cum laude
    Honors:  Delta Epsilon Sigma National Scholastic Honor Society
    Honors:  Omnicron Delta Epsilon International Honor Society in Economics
    Major: Economics
    Minor: Quantitative Methods and Computer Science
Bar Admissions
  • Minnesota, 1996
  • U.S. District Court District of Minnesota, 1997
  • U.S. District Court Western District of Wisconsin, 2008
Professional Associations and Memberships
  • Minnesota State Bar Association - Bankruptcy Section, Education Chair, 2011 - 2012; Editor-In-Chief, Bankruptcy Bulletin, 2009 - 2011; Editorial Board, Bankruptcy Bulletin, 2006 - 2009
  • Meritas Creditor's Rights and Bankruptcy Section - Co-Chair, 2006 - 2011
  • Turnaround Management Association - Board of Directors, 2012; Co-Chair of Women’s Networking Sub-Committee, 2010 - 2011
  • Financial Women International - Board of Directors, 2008 - 2009
  • Hennepin County Bar Association - Member
  • Minnesota Women Lawyers - Member
Classes Taught
  • "Advanced Preference Defenses", (panel member), Minnesota CLE Bankruptcy/Debtor-Creditor Webcast Series, 2012
  • “Advanced Preference Defenses”, (panel member), 2011 MSBA Bankruptcy Institute, Minnesota CLE, 2011
  • “Florida Distressed Real Estate: Practical Solutions”, (moderator), Maslon Seminar, 2011
  • “Boot Camp: Foreclosure and Loan Workout Procedures", National Business Institute, 2011
  • “Common Bankruptcy Issues Facing Corporate Counsel”, presentation to Association of Corporate Counsel Small Law Department Committee, 2011
  • “Ponzi Scheme Clawback Lawsuits – What Are They Anyway, and How Could They Affect Me, My Family, and My Clients?”, MSBA Civil Litigation Section, 2011
  • “Bankruptcy Issues: How to Mitigate Risk”, presentation to Association of Corporate Counsel Small Law Department Committee, 2010
  • “Section 363 Sales and the Controversial Clear Channel Decision”, presentation to the Bankruptcy Section of the Minnesota State Bar Association, 2010
  • “Section 363 Sales and the Polaroid Auctions”, presentation to Creditor’s Rights and Bankruptcy Section and Financial Services Section of Meritas, 2010
  • “Attorneys’ Liens in Client’s Intellectual Property”, presentation to legal client, 2009
  • “Bankruptcy Law: Common Customer and Vendor Issues”, presentation to client’s corporate counsel, 2009
  • “Selling Your Collateral in Chapter 11 Bankruptcy: Section 363’s Faster, Cheaper Approach is at Risk,”, Maslon Speaker Series, 2009
  • “Working Through the Retail Slump”, presentation to Turnaround Management Association, 2009
  • “Real Estate Loan Workouts: Successful Strategies and Potential Pitfalls”, Maslon Speaker Series, 2008
  • “Distressed Real Estate and Bankruptcy Issues”, presentation to bank client, 2008
  • “Beyond the UCC Filing: Perfection Methods, Debtor Name Changes, Organizational Restructuring, Transfers of Collateral, Landlord and Mortgagee Waivers”, presentation to bank client, 2007
  • “Representing Trade Creditors: BAPCPA and Beyond,”, presentation at annual Bankruptcy Institute for Minnesota CLE, 2007
  • “Noteholder Claims for Prepayment Premiums, Default Interest and Attorneys’ Fees in Chapter 11 Bankruptcy”, presentation to client, 2007
  • “Representing Hedge Funds in Distressed Public Note Situations”, presentation to Creditor’s Rights and Bankruptcy Section and Financial Services Section of Meritas, 2006
  • “The Effect of the New Bankruptcy Laws on the Landlord and the Tenant”, presentation at Landlord Tenant Law Update seminar sponsored by Sterling Education, 2006
  • “When the Tenant Files Bankruptcy”, presentation at Landlord Tenant Law Update seminar sponsored by Sterling Education, 2005
  • “Commercial Lending from Start to Finish”, continuing legal education presentation sponsored by National Business Institute (NBI), 2004
  • “Bankruptcy Strategies”, presentation to client, , 2002
  • “How to Collect a Judgment Once You Have It”, Appellate Practice and Judgments, Hennepin County Bar Association, 2001
  • “Pre-Workouts: A Guide to Early Intervention”, presentation to bank client, 2001
Publications
  • Top Ten Common Bankruptcy Issues Facing Corporate Counsel, Meritas (2011)
Honors and Awards
  • Recognized on Minnesota Rising Stars® list, 2004 - 2005, 2009 (Minnesota Rising Stars® is a designation given to only 2.5 percent of Minnesota attorneys each year.)

Experience

  • Successfully defended bank in appeal of bankruptcy court order dismissing single-asset real estate debtor's chapter 11 bankruptcy case to permit foreclosure of downtown St. Paul property.
  • Represented multiple equipment financing companies in securing expedited repossession of aircrafts, equipment, and other loan collateral.
  • Represented indenture trustee in bankruptcy of sub-prime mortgage lender with $500 million notes.
  • Assisted lenders in foreclosure of commercial real property by action and by advertisement.
  • Represented several purchasers of assets in Section 363 bankruptcy sales, including national restaurant franchisor in franchisee bankruptcies, boat manufacturer, and dairy farms operator.
  • Represented indenture trustee in airline bankruptcy involving municipal bond debt issuances for airport improvements and successfully challenged true lease vs. secured debt distinction.
  • Represented secured lender in obtaining ex parte seizure order against debtor who had secreted assets.
  • Negotiated favorable settlements in multiple avoidance actions filed by bankruptcy trustees, including fraudulent transfer, insider preference, and 90-day preference claims.
  • Borrower's co-counsel in negotiating $325 million senior secured credit facilities
  • Initiated involuntary bankruptcy filing and successfully defended debtor's attempted dismissal of case.
  • Represented asset-based lenders in debtor-in-possession (DIP) financing transactions.
  • Represented indenture trustee in successfully challenging Section 363 bankruptcy sale procedures and opposing extension to exclusivity period to obtain meaningful distribution on bond claims.
  • Successfully defended lender in trade creditor lawsuits brought after liquidation of loan collateral.
  • Represented several creditors in successfully obtaining non-dischargeable judgments in bankruptcy.
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Maslon Edelman Borman & Brand, LLP  | 3300 Wells Fargo Center | 90 South Seventh Street | Minneapolis, MN 55402-4140 | p 612.672.8200