Amy J. Swedberg
Partner
Overview
Amy Swedberg focuses her legal practice primarily on assisting lenders and other commercial creditors, asset purchasers, 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 in real estate foreclosures, receiverships, pursuing loan collateral, negotiating workouts, and drafting commercial loan documentation.
Amy's experience includes the representation of creditors in major chapter 11 bankruptcies, including Delta Air Lines, Petters Company, Magnetation LLC, Polaroid, Essar Steel, Gander Mountain, Toys "R" Us, Interstate Bakeries, Premier Entertainment, and United Homes.
Experience
- In re: Archdiocese of Saint Paul and Minneapolis (Bankr. D. Minn. 2015). Assisted with the representation of the Committee of Parish Creditors, comprised of over 100 parishes facing hundreds of clergy abuse claims, in the Archdiocese Chapter 11 reorganization. Obtained tens of millions of dollars in insurance coverage settlements under missing insurance policies, which settlements were part of the $210 million settlement of Archdiocese and Parish clergy abuse claims, and represented the largest settlement by a diocese in bankruptcy to date in the United States.
- 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.
Honors
North Star Lawyer, Minnesota State Bar Association, 2015-2016, 2019 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)