Marc Swanson

Work Highlights

Appellate Court Rules that Creditors Deserve Reimbursement for Bankruptcy Participation

In the first appellate decision of its kind, a team of Miller Canfield attorneys, led by Marc Swanson, successfully represented a credit insurer at the Sixth Circuit Court of Appeals in recovering all of its expenses and attorneys’ fees due to the substantial contribution it made in a large trucking firm’s bankruptcy case.

City of Detroit Bankruptcy: Detroit Water and Sewerage Department

Marc Swanson, with a team of Miller Canfield attorneys, represented the City in an appeal to the Sixth Circuit Court of Appeals regarding challenges to the Detroit Water and Sewerage Department's ability to collect past due bills and set rates according to the cost of providing services.

City of Detroit Bankruptcy: Challenge to Bankruptcy Plan and Pension Grand Bargain

A team from Miller Canfield, led by Marc Swanson, represented the City in an appeal to Sixth Circuit Court of Appeals regarding a challenge to the City’s confirmed bankruptcy plan, including the Grand Bargain reached in the City's bankruptcy negotiations.

City of Detroit Chapter 9 Bankruptcy Restructuring

Miller Canfield served as local counsel to the City of Detroit in connection with its Chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts. Since the City confirmed its Plan of Adjustment in December 2014, Miller Canfield has continued to represent the City in connection with many aspects of its Plan implementation, appeals of Plan confirmation, set up of the Great Lakes Water Authority, and a variety of financings.

Energy Company Back Royalty Payments/Chapter 11 Bankruptcy Protection

Represented an energy company that leased significant natural gas rights to another energy company that filed for Chapter 11 bankruptcy protection. At stake was almost $2 million in back royalty payments under the lease. The court held that under Michigan law the oil and gas lease was indeed a lease under the Bankruptcy Code, entitling the client to all past due royalty payments before the debtor could continue extracting natural gas.

Practice Areas

Bankruptcy, Restructuring and Insolvency

Bankruptcy Litigation and Appeals

Creditor and Creditors’ Committee

Debtor Representation

Distressed Automotive Supplier

Distressed Transactions and Bankruptcy Sales

International and Cross-Border Insolvency

Loan Enforcement and Restructuring

Distressed Municipalities and Debt Restructuring

Career

Marc Swanson leads the Bankruptcy and Insolvency Group at Miller Canfield, which in 2022 and 2023 received the highest possible ranking (Band 1) by Chambers and Partners. Marc specializes in representing debtors, lenders, creditors, equity holders and unsecured creditors' committees in bankruptcy cases and litigation in Michigan and throughout the country. Marc has extensive experience in the municipal, energy, automotive, banking and building supply industries.

In 2021, Crain's Detroit Business selected Marc as one of its "40 Under 40" who have achieved business success at an early age. In 2019, the American Bankruptcy Institute also selected Marc for its prestigious 40 Under 40 program, which identifies top industry professionals under the age of 40 and recognizes them for their leadership and professional accomplishments. Marc has been consistently recognized by Best Lawyers in America (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization) and by Michigan Super Lawyers as a rising star in business bankruptcy. Marc is also co-chair of the Debtor/Creditor Rights section of the State Bar of Michigan and Past President of the Turnaround Management Association (Detroit Chapter).

In his role as counsel to the City of Detroit in its bankruptcy case, Marc argued and won two bankruptcy appeals at the U.S. 6th Circuit Court of Appeals for the City. One of these appeals sought to unravel the City's entire bankruptcy plan and Grand Bargain, and the other appeal challenged the Detroit Water and Sewerage Department's ability to collect past due bills and set its rates. Marc also successfully represented the City at the U.S. Supreme Court in the appeal of its bankruptcy plan.

Marc frequently speaks at restructuring conferences and seminars and publishes articles on insolvency-related topics. Marc has co-authored three chapters for the Institute of Continuing Legal Education on buying and selling businesses in Michigan and representing creditors and debtors in bankruptcy cases. He has also co-authored guides for Practical Law on Uniform Commercial Code Article 9 Sales in Michigan, Assignment for the Benefit of Creditors in Michigan and Receiverships in Michigan.

Marc is a graduate of Leadership Detroit and serves as the President of the board of Cass Community Social Services, a non-profit based in Detroit.

Professional Memberships

American Bar Association

State Bar of Michigan

State Bar of Michigan, Business Law Section, Debtor-Creditor Rights Committee, Co-Chair 2019-present, Co-Vice Chair 2016-2019

American Bankruptcy Institute

Michigan Oil and Gas Association

Turnaround Management Association (Detroit Chapter), President 2021-2022; Programming Committee 2015-present (Co-Chair, 2019-2020); Board of Directors 2019-2022

Publications

"Representing Small Business Debtors in Bankruptcy" (co-authored with Thomas R. Morris) and "Representing Creditors in Chapter 11 Business Cases" (co-authored with Matthew L. Boyd), Handling Consumer and Small Business Bankruptcies in Michigan, Institute of Continuing Legal Education (ICLE)

"Uniform Commercial Code Article 9 Sales: Michigan," Co-Authored with Megan Baxter-Labut and Steve Roach, Thomson Reuters Practical Law Journal, Spring 2022

"Receiverships: Michigan," Co-Authored with Scott Lesser and Steve Roach, Thomson Reuters Practical Law Journal, Spring 2022

"Assignment for the Benefit of Creditors: Michigan," Co-Authored with Megan Baxter-Labut and Steve Roach, Thomson Reuters Practical Law Journal, Spring 2022

"'Venue' Make a Change, Be Sure to Get It Right," Co-Authored with Ronald A. Spinner, ABI Journal, January 2021

"A Hard Choice Ahead for Sears Ch. 11 Creditors," Co-Authored with Ronald A. Spinner, Law360, Oct. 24, 2019

"Buying and Selling a Business in Michigan," Second Edition, Chapter 12: Buying the Assets of Financially Distressed Businesses, Co-Authored with Jonathan S. Green and Donald J. Hutchinson, Nov. 1, 2018

"How a Bank Can Avoid Paying the Bankruptcy Trustee When Its Customer Commits Fraud," Michigan Business Law Journal, Spring 2018

"Detroit Residents with Terminated Water Service Out of Luck," Bloomberg BNA, Nov. 16, 2016

"Challenge to Detroit Pension Cuts Thwarted by Sixth Circuit," Bloomberg BNA, Oct. 7, 2016

"Were Those Rents Assigned? Absolutely!" Co-authored with Ronald A. Spinner, ABI Journal, July 2016

"Stern v. Marshall Raises New Sword on Court's Authority," Focus on Bankruptcy, Michigan Lawyers Weekly, Aug. 20, 2012

"WARN Act and Bankruptcy," Michigan Lawyers Weekly, Sept. 13, 2011

"Landmark Standards May Not Be for Everyone," Michigan Lawyers Weekly, Aug. 16, 2010

"Chrysler Bankruptcy Showed Section 363 a Worthy Solution," Michigan Lawyers Weekly, Aug. 24, 2009

Personal

Leadership Detroit, Class XXXIX Graduate

University of Michigan Alumni Association

University of Michigan Club of Greater Detroit

Cass Community Services Board of Directors

Education

Awards