Mr. Berner's practice focuses primarily on bankruptcy and commercial matters, including significant experience representing chapter 11 debtors, bankruptcy trustees, secured and unsecured creditors, and other parties in major bankruptcy cases, workouts and commercial litigation. Mr. Berner also has considerable experience representing businesses, municipalities, and cemeteries in a variety of non-bankruptcy matters. Mr. Berner has been with Bailey Cavalieri LLC since its formation in 2003 and was formerly with the national firm of Arter & Hadden.
- Acted as debtor's counsel in Chapter 11 liquidation of a national mortgage lender (and non-debtor captive insurance company) which operated 169 production and satellite offices in 33 states.
- Represented private label / co-branded credit card issuer in bankruptcy and state court liquidation matters across country.
- Acted as debtor's counsel in Chapter 11 proceeding of a publicly traded furniture, electronics and appliance retailer with 24 locations in 4 states.
- Acted as debtor's counsel in Chapter 11 proceeding of a publicly traded metals processing company and its subsidiaries with 7 manufacturing facilities in multiple states.
- Represented credit union holding portfolio of several hundred vehicles in Chapter 7 proceeding of automobile leasing company.
- Represented major secured lender in Chapter 11 reorganization of international sporting goods manufacturer.
- Represented finance company holding $50 million in leases in Chapter 11 proceeding of national truck leasing company.
- Represented Chapter 11 Trustee of multi-state Ponzi scheme to prosecute in excess of 500 fraudulent transfer and preference actions.
- Acted as debtor's special counsel in Chapter 11 proceeding to prosecute several hundred preference claims.
- Acted as counsel for post-confirmation debtor in action to enforce discharge and confirmation injunction.
- Represented insurance company in adversary proceeding initiated by Chapter 11 debtor asserting breach of contract and bad faith claims.
- Represented directors and officers of publicly traded company during its Chapter 11 proceeding.
- Represented commercial real property lessor in bankruptcy proceeding.
- Represented numerous asset purchasers in ¤ 363 bankruptcy sales.
- Represented financial institutions in workouts and in state and federal court litigation.
- Litigated hundreds of contested matters and adversary proceedings in bankruptcy proceedings.
- Represented various appellants and appellees in appeals of bankruptcy court decisions to the United States District Court, the Sixth Circuit BAP and the Sixth Circuit Court of Appeals.
- Represented national student loan guaranty agency.
- Represented Chapter 7 trustee in numerous cases.
- Represented municipality in a variety of litigation and non-litigation matters.
- Represented defendant in a qui tam whistleblower claim filed under federal False Claims Act.
- Ohio Super Lawyer
Affiliations and Civic Involvement
- American Bankruptcy Institute, Member
- Thomas F. Waldron American Bankruptcy Law Forum, Member
- Ohio State Bar Association, Member
- Dayton Bar Association, Member
- U.S. Bankruptcy Court Southern District of Ohio Bench Bar Conference, past Committee Member
- Woodland Cemetery Association of Dayton, Secretary and Member of Board of Trustees
- Woodland Arboretum Foundation, Secretary and Member of Board of Trustees
- Moraine Country Club, past Secretary and Member of Board of Governors
- Capital University (J.D., 1984)
- Indiana University (B.S. Kelley School of Business, 1981)
- U.S. District Court, Southern District of Ohio
- Sixth Circuit Court of Appeals