Services
Industries
Education
University of Minnesota Law School, J.D., 2007
University of Michigan, B.A., 2004
Bar Admissions
- Michigan
Court Admissions
United States Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U. S. District Court
- Western District of Michigan
- Eastern District of Michigan
Marc Swanson leads the Bankruptcy and Insolvency Group at Miller Canfield, which in 2022 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 the Immediate 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 Secretary of the board of Cass Community Social Services, a non-profit based in Detroit.
Representative Matters
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.
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.
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.
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.
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.
Honors
The National Law Review Go-To Thought Leadership Award, Bankruptcy Law, 2022
Crain's Detroit Business, 40 Under 40, 2021
State Bar of Michigan Pro Bono Honor Roll, 2021
Detroit Bar Association Pro Bono Awardee, 2021
American Bankruptcy Institute, 40 Under 40, 2019
Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2018-present
Detroit Turnaround Management Association, nextGen Top of the Class, 2018
DBusiness Magazine, Top Lawyers, Bankruptcy and Creditor/Debtor Rights Law, 2018-present
Michigan Super Lawyers, Business Bankruptcy, 2023; Rising Star, 2016-2022
M&A Advisor 7th Annual Emerging Leaders Award, 2016
University of Minnesota Law School, cum laude; Dean's List; First Year Legal Writing Honors; International Law Moot Court
University of Michigan, University Honors; James B. Angell Scholar; University of Michigan Democrats Club; Junior Year Abroad
Kings College, London, England, 2003
Professional Activities
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
Detroit Bar Association, Debtor-Creditor Rights Section, Vice Chair 2017-present
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
Civic, Cultural & Social Activities
Leadership Detroit, Class XXXIX Graduate
University of Michigan Alumni Association
University of Michigan Club of Greater Detroit
Cass Community Services Board of Directors
Teaching
University of Minnesota, Teaching Assistant, "Cases that Shocked and Shaped the Nation," September 2006-May 2007
Speeches
"Assume the Worst! Analysis of Current Court Treatment of Executory Contracts," Panelist, Chicago Bar Association's Honorable Robert E. Ginsberg Annual Program on Commercial Bankruptcy, April 11, 2023
"Valuation in Chapter 11," Federal Bar Association for the Western District of Michigan, 34th Annual Bankruptcy Section Seminar, July 29-31, 2022
"Assume the Worst: Executory Contracts in 2022," Panelist, American Bankruptcy Institute's Central States Bankruptcy Workshop, Lake Geneva, Wisconsin, June 23-25, 2022
"Alternative Financing – Including Merchant Cash Advances, Factoring, Purchase Order Advances, Discharge Issues, Cramdown Issues, Usury/Choice of Law," Federal Bar Association for the Western District of Michigan, 32nd Annual Bankruptcy Section Seminar, Oct. 9, 2020
"The Automotive Industry: Disruption and the Quiet Restructuring," Turnaround Management Association Great Lakes Conference, May 24, 2019
"Alternatives for Distressed Companies," Detroit Bar Association, Debtor-Credit Rights Committee, May 16, 2018
"ABCs of SBA Loan Workouts," Turnaround Management Association Detroit, May 9, 2018
"Fraudulent Transfer Law Seminar," State Bar of Michigan, Business Law Section, Debtor-Credit Rights Committee, March 14, 2018
"Assignment of Rents and Bankruptcy," State Bar of Michigan, Business Law Section, Debtor-Creditor Rights Committee, Aug. 9, 2017
"Hulk Hogan Body Slams Company into Bankruptcy: A Two-Part Case Study Loosely Based upon the Gawker/Hulk Hogan Dispute and Gawker Bankruptcy Filing," Panelist Moderator, Turnaround Management Association (TMA), Oakland Hills Country Club, Oct. 6 and Nov. 18, 2016
Presentation regarding various issues related to representing clients in Single Asset Real Estate cases, Co-Presenter, Chapter 11 Roundtable III, hosted by Chief Judge Shefferly and the Office of the United States Trustee, Nov. 4, 2016
"The Plan (2 months later) and Post-Bankruptcy," Panelist, Turnaround Management Association (TMA), University Club of Grand Rapids, April 2016
"Bankruptcy Jurisdiction and Stern v. Marshall," Bankruptcy Conference, Federal Bar Association for the Western District of Michigan, Thompsonville, Michigan, July 2012
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