Matthew T. Schaeffer, Esq.
Matthew Schaeffer is of counsel with Bailey Cavalieri LLC, with offices in Ohio. He has traveled around the country representing various parties involved in bankruptcy cases. Mr. Schaeffer's practice focuses primarily on commercial litigation, corporate reorganization and workouts, debtor/creditor rights, bankruptcy, and commercial matters. He has experience representing Chapter 11 debtors, financial institutions, trustees, and a variety of secured and unsecured creditors in bankruptcy proceedings, litigation, and workouts. He is a member of the independent panel of Chapter 11, Subchapter V bankruptcy trustees for the Southern District of Ohio. Mr. Schaeffer also has considerable experience representing businesses in a variety of non-bankruptcy matters. He has been with Bailey Cavalieri LLC since its founding, and he was formerly with an Am Law 100 firm.
- Represented numerous businesses in workout and restructuring situations, which included shepherding businesses through the Chapter 11 process from beginning to end, negotiating with secured lenders and other creditors, advising the businesses on a variety of contractual relationships, and negotiating and drafting numerous types of agreements such as sales agreements, assignments, leases, settlement agreements, forbearance agreements, workout agreements, confidentiality agreements, standstill agreements, liquidating trust agreements, loan modifications, and others.
- Represented private label and co-branded credit card companies in the enforcement of the companies’ program agreements during the bankruptcies of numerous national retailers, including Pacific Sunwear, The Sports Authority, Gordmans, Gander Mountain, Bon-Ton, Samuels Jewelers, FullBeauty, Forever 21, and others.
- Represented a national mortgage lender as debtor's counsel in its liquidating Chapter 11.
- Prevailed in a motion to disallow more than $50 million of class action claims filed in bankruptcy court.
- Represented a major secured lender in the Chapter 11 bankruptcy of an oil and gas producer.
- Represented a publicly-held furniture retailer as debtor's counsel in a liquidating Chapter 11.
- Represented the creditors committee in the Chapter 11 bankruptcy of a mobile phone carrier. The debtor listed assets in excess of $1 billion, and creditors filed claims in excess of $2.7 billion.
- Represented a bank in the prosecution of fraudulent transfers to a trust characterized as "creditor proof" and obtained a settlement favorable to the bank.
- Represented, as debtors' counsel in Chapter 11, a publicly-held manufacturer in the metal coil processing industry. The business operations were sold in chapter 11, preserving jobs and the economic activity of the business.
- Represented a major secured lender in the Chapter 11 bankruptcy of companies operating more than 130 gas stations and convenience stores.
- Represented an equipment lessor in the Chapter 11 bankruptcy of a corporate guarantor of a failed water park.
- Represented a municipality in a variety of matters, including the dischargeability in bankruptcy of local income taxes.
- Represented an apartment complex as debtor's counsel in a successful Chapter 11 reorganization.
- Represented lenders in bankruptcy and workout matters.
- Represented a cemetery in wrongful burial litigation.
- Represented bankruptcy trustees in various litigation matters.
- Was a member of the team which completed a corporate acquisition of a fintech company; assisted in various tasks leading to the successful acquisition, including the analysis of alternative acquisition strategies, assisting in due diligence, and assisting in the drafting of transaction documents.
- Prosecuted and/or defended hundreds of adversary proceedings on various issues, including fraudulent conveyances, preferential transfers, and turnover actions.
- Prosecuted non-dischargeability actions.
- Involved in various litigation matters, including insurance disputes, fiduciary accounts, leveraged buy-out, valuation, automatic stay matters, and plan confirmation issues.
- Litigated cases in state and federal trial courts and appellate courts.
- Represented parties in litigation concerning contractual disputes, ERISA defense, commercial collections, foreclosures, and non-compete contracts.
- Completed the mediator training course co-sponsored by the Columbus Bar Association.
Publications & Speaking Engagements
- “Small Business Reorganizations and Individual Chapter 11s,” American Bankruptcy Law Forum (2020)
- “Business Bankruptcies: An Overview and Discussion of Trends and Issues in Commercial and Single Asset Real Estate Bankruptcies,” Columbus Bar Association (2020).
- “Business Law Update: COVID-19 and the Legal Impact on Small Business,” Ohio State Bar Association, 2020.
- “Overview of Retailer Chapter 11 Bankruptcy Cases,” Alliance Data Systems, 2019
- “Current Issues in Retailer Chapter 11,” American Bankruptcy Law Forum, 2018
- “Recovering Possession of Real Property: Judicial Eviction and Self-Help Repossession,” Ohio State Bar Association, 2017
- “The Dischargeability of Municipal Income Taxes in Bankruptcy,” American Bankruptcy Law Forum, 2016
- “Current Issues in Bankruptcy Law: Preferential Transfers,” American Bankruptcy Law Forum, 2011
- “The Fundamentals of Bankruptcy Law and Procedure in Ohio,” National Business Institute
- “Judgment Enforcement in Ohio,” Lorman Education Services
- “The Waiver Provisions of the Older Workers Benefit Protection Act,” 24 Capital Univ. Law Rev. 257 (1996)
- “Super Lawyer,” 2018, 2019, 2020, 2021
- “Top Lawyer,” Columbus C.E.O. Magazine, 2016
- “Rising Star,” Journal of Law & Politics, 2005, 2006, 2007
Affiliations and Civic Involvement
- United States Bankruptcy Court, S.D. Ohio: Founding Member of the Pro Bono Project, Member of the Mediation Subcommittee, Past Member of the Local Rules Committee and the Judicial Liaison Committee
- Thomas F. Waldron American Bankruptcy Law Forum, Member
- Board of Trustees of Catholic Central Schools, Springfield, Ohio, Past Member
- Street Law, Columbus City Schools, Past Lecturer
- Columbus City Schools, Past Volunteer Tutor