Amy J. Swedberg
Partner
Overview
Recognized as a 2020 Leading U.S. Bankruptcy & Restructuring Lawyer by Lawdragon 500, Amy Swedberg represents lenders and other commercial creditors, asset purchasers, indenture trustees and adversary proceeding defendants with creditor rights and bankruptcy issues. She is an experienced litigator in the bankruptcy courts in Minnesota and other jurisdictions. Amy also assists lenders, bankruptcy trustees, and receivers in commercial real estate foreclosures, litigating fraudulent transfer claims, recovering assets, and negotiating workouts.
Amy's experience includes the representation of creditors and asset purchasers in major Chapter 11 bankruptcies, including Delta Air Lines, Petters Company, Barney’s, Granite City, Polaroid, Essar Steel, Gander Mountain, Toys "R" Us, Interstate Bakeries, Premier Entertainment, and United Homes.
Experience
- Assisted lenders in providing debtor-in-possession (DIP) financing and exit financing under confirmed Chapter 11 plans.
- Represented asset purchasers in Section 363 bankruptcy sales, including multi-brand dining and entertainment corporation, national restaurant franchisor, manufacturer and distributor of office supplies, multinational boat manufacturer, and dairy farms operator.
- Successful in obtaining ex parte, prejudgment order for garnishment of bank accounts before funds could be transferred to offshore accounts.
- Represented indenture trustee in multi-million dollar recovery of excess deposits securing general indemnity bonds issued to bankrupt company.
- Represented receiver in the operation and sale of multi-state, franchised businesses.
- Negotiated favorable settlements in bankruptcy avoidance actions alleging claims for fraudulent transfer, insider preference, and 90-day preference.
- Successful in obtaining multiple, non-dischargeable judgments for creditors in Chapter 7 bankruptcy proceedings.
- Represented bank in obtaining ex parte, emergency appointment of receiver for hotel and other businesses.
- Represented Unsecured Creditor Committees in several local business bankruptcies.
- In re: Archdiocese of Saint Paul and Minneapolis (Bankr. D. Minn. 2015). Assisted with representation of the Parish Creditor Committee, comprised of over 100 parishes facing clergy abuse claims, and obtained tens of millions of dollars in insurance coverage settlements under missing insurance policies, which settlements were part of the $210 million settlement, the largest settlement by a diocese in bankruptcy to date in the United States.
- Successfully defended bank in appeal of bankruptcy court order dismissing 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 subprime mortgage lender with $500 million notes.
- 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.
- Initiated several involuntary bankruptcy proceedings for creditors and successfully defended debtors seeking dismissal of cases.
Honors
500 Leading U.S. Bankruptcy and Restructuring Lawyers, Lawdragon, 2020 (The list of attorneys is recognized for their remarkable skills in financing, structuring, litigating, and creating a pathway forward for companies seeking a chance in these challenging times.)
Recognized on Minnesota Super Lawyers® list, 2021 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)
North Star Lawyer, Minnesota State Bar Association, 2015-2016, 2019-2020 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)