University of Minnesota Law School, J.D., 2007
University of Michigan, B.A. 2004
U.S. Court of Appeals for the Sixth Circuit
U. S. District Court
- Western District of Michigan
- Eastern District of Michigan
In bankruptcy cases across the country, Marc Swanson represents lenders, customers, suppliers, creditors’ committees, unsecured and administrative creditors.
He has extensive experience in the oil and gas, automotive, banking, and building supply industries. In addition to negotiating and documenting complex agreements, Marc litigates commercial disputes, fraudulent conveyances and preferential transfer cases.
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 exit in December 2014, Miller Canfield has continued to represent the City in connection with many aspects of its Plan of Adjustment implementation, appeals of Plan confirmation, stand 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.
Represented a credit insurer in a bankruptcy case involving a large trucking firm. The bankruptcy trustee mishandled a clawback suit and the court sanctioned the trustee by dismissing the case and depriving the estate of potentially millions of dollars in recoveries. The trustee declined to investigate the possibility of there being a malpractice claim against his law firm for the loss. Miller Canfield convinced the Bankruptcy Court that the trustee could not investigate his own legal liability and that he should be replaced as trustee.
Michigan Super Lawyers, Rising Star, Bankruptcy: Business, 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
M&A Advisor 7th Annual Emerging Leaders Award, 2016
American Bar Association
State Bar of Michigan
State Bar of Michigan, Business Law Section, Debtor-Creditor Rights Committee, Co-Vice Chair 2016-present
American Bankruptcy Institute
Michigan Oil and Gas Association
Turnaround Management Association (Michigan Division), Programming Committee 2015-present
Civic, Cultural & Social Activities
University of Michigan Alumni Association
University of Michigan Club of Greater Detroit
Michigan Humane Society
Cass Community Services Board of Directors
University of Minnesota, Teaching Assistant, "Cases that Shocked and Shaped the Nation," September 2006-May 2007
"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
"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
"Buying and Selling a Business in Michigan," Second Edition, Chapter 12: Buying the Assets of Financially Distressed Businesses, Co-author, Sept. 1, 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