Brian P. Welch is an associate with Crane, Heyman, Simon, Welch & Clar. Brian’s practice is primarily focused in the fields of bankruptcy, business reorganization, debtor’s and creditor’s rights, insolvency, and commercial litigation. He has represented a diverse group of clients including individual and corporate debtors in Chapter 11 and Chapter 7 proceedings, secured and unsecured creditors, estate representatives such as Chapter 7 and Chapter 11 trustees, plan administrators and assignees for the benefit of creditors.
Brian has a broad range of experience in commercial disputes in both State and Federal courts, including representation of debtors, creditors and estate representatives in litigation involving:
- avoidance and recovery of fraudulent transfers under the Bankruptcy Code and state law;
- avoidance and recovery of preference payments;
- breach of fiduciary duty claims;
- lender liability claims;
- breach of contract claims;
- mortgage foreclosure;
- guaranty collection;
- real estate litigation;
- shareholder disputes; and
- post-judgment proceedings.
Prior to joining Crane, Heyman, Simon, Welch & Clar, Brian was an associate in the Chicago Bankruptcy & Creditors’ Rights and Litigation groups at Arnstein & Lehr LLP.
Brian has been recognized as a “Rising Star” in the field of Business Bankruptcy by Illinois Super Lawyers Magazine and as an "Emerging Lawyer" in the field of Bankruptcy & Workout Law by Illinois Emerging Lawyers Magazine. He is an active member of the American Bankruptcy Institute, the Illinois State Bar Association, and the National Association of Bankruptcy Trustees.
- The John Marshall Law School (J.D., 2011, cum laude)
- University of Illinois, Urbana-Champaign (B.A., 2008)
Admitted to Practice
- State of Illinois
- United States Court of Appeals for the Seventh Circuit
- United States District Court for the Northern District of Illinois
- United States District Court for the Central District of Illinois
- United States District Court for the Northern District of Indiana
Selected Professional Affiliations & Offices
- American Bankruptcy Institute
- Illinois State Bar Association
- National Association of Bankruptcy Trustees
Publications & Speaking Engagements
Brian has been published in various local and national publications and has been a lecturer on bankruptcy and reorganization topics, including:
- Panel Speaker, "7th Circuit Review", Chicago Bar Association, Bankruptcy & Reorganization Committee, May 18, 2016.
- Co-Author, “Ability to Extend the Real Estate Tax Redemption Deadline”, American Bankruptcy Institute, Business Reorganization Committee Newsletter (July 31, 2015).
- Co-Author, “Abstention: Recent Developments”, Norton Annual Survey of Bankruptcy Law, Volume 2012, Issue 2012, 2012 Ann. Surv. Bankr. Law 18 (2012).
- “7th Circuit Successor Liability Law as Extended by Ordonez v. Akorat”, Illinois State Bar Ass’n, Commercial Banking, Collections & Bankruptcy Law, Vol. 56, No. 4 (February 2012).
- Co-Author, Chapter: “The Impact of Foreclosure and Bankruptcy on Commercial Leases”, Advanced Commercial Landlord-Tenant Law, National Business Institute (June 2012).
- Brian P. Welch, Comment, Unconscionable Amateurism: How the NCAA Violates Anti-Trust by Forcing Athletes to Sign Away Their Image Rights, 44 J. Marshall L. Rev. 533 (2011).