- Business Services
- Creditors' Rights & Bankruptcy
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, Central District of Illinois
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Eastern District of Missouri
- Certified Mediator for the Twentieth Judicial Circuit, St. Clair County Courts
- Arbitrator for the Twentieth Judicial Circuit, St. Clair County Courts
J.D., Saint Louis University School of Law, magna cum laude
M.B.A., Western Illinois University
B.A., Illinois College, magna cum laude
As leader of the firm’s Creditors' Rights & Bankruptcy practice group, Cherie Macdonald brings an aggressive, practical and cost-efficient approach to assist all types of creditors. She counsels financial institutions, commercial landlords, franchisors, receivers, contractors and suppliers in exercising their rights and remedies, whether in bankruptcy courts nationally and locally or in state trial and appellate courts. Her clients include those in the energy, franchising and financial industries.
Bankruptcy cases move quickly, and Cherie’s deep experience dealing with bankruptcy-related litigation, analysis and strategy on behalf of creditors gives her the ability to keep ahead of the pace.
Creditors’ collateral or property may be used or moved, or may disappear or devalue unless prompt protective action is taken. Cherie’s knowledge of creditors’ rights and remedies provides creditors with the means necessary to implement the best course of action, whether through exercising rights under the Uniform Commercial Code, the U.S. Bankruptcy Code or state law remedies.
Cherie handles the prosecution of creditors’ rights and remedies, as well as the defense of creditors’ priority and collateral in bankruptcy cases — litigating issues in proposed reorganization plans, disclosure statements and 363 sales; litigating cash collateral objections, claim objections and preferences; and bringing actions seeking denial of dischargeability or denial of discharge.
She diligently seeks redress for her clients using state law remedies — including stopping goods in transit, reclaiming goods, foreclosing mortgages and liens, replevying collateral and attaching goods prior to judgment — and litigating issues relating to contract breaches, fraudulent transfers, disputes regarding commercial paper and the law of bank deposits and collections.
- American Bankruptcy Institute
- Illinois State Bar Association
- The Missouri Bar
- Bankruptcy Association of Southern Illinois
- Bar Association of the Central and Southern Federal Districts of Illinois
Honors & Awards
Honors & Awards
- Illinois Leading Lawyers – Bankruptcy & Workout Law: Commercial; Commercial Litigation; Creditor's Rights/Commercial Collections Law, 2009-2016
- Illinois Leading Lawyers – Women's Edition, "Top 50 Women Downstate," Bankruptcy & Workout Law: Commercial; Commercial Litigation; Creditor's Rights/Commercial Collections Law, 2010, 2012, 2015
- Illinois Leading Lawyers – Women's Edition, Bankruptcy & Workout Law: Commercial; Commercial Litigation; Creditor's Rights/Commercial Collections Law, 2009
- Handled national and local bankruptcy cases for a number of companies including national electronics retailers, an airline, a bookstore chain, manufacturers and others.
- Represented energy companies in bankruptcy-related matters including:
- Obtained relief from stay to allow an energy company to take possession of its facility, equipment and fixtures and to halt debtor’s continued use of its proprietary trademarks, service marks, logos, trade names, commercial symbols and trade dress.
- Investigated whether cause existed to seek nondischargeability of debt due to an energy company from the dealer’s principal, by conducting examination of debtor with document production.
- Collected sums due from a prior dealer, including deposition to discover assets, garnishments, and assertion of sums due in debtor’s two bankruptcy cases.
- Procured admission from debtor’s principal to nondisclosure of substantial indebtedness previously unknown to the lender, leading to the quick dismissal of a bankruptcy case and completion of foreclosure on real property and replevin of personal property.
- Obtained judgment for a prior employer finding debt resulting from the debtor’s disclosure of proprietary information and diversion of business opportunities to be nondischargeable.
- Received an order providing early rejection of leases in a large commercial bankruptcy case, allowing the client to promptly re-lease the premises.
- Defended a client’s right to possession of a debtor’s property after bankruptcy was filed by declaring mechanic’s lien rights and demanding adequate protection.
- Secured an early order requiring a debtor to debrand infringing sites and reject dealer and merchant agreements.
News & Insights
- Interview with Cherie Macdonald, "Attorneys Say High Court Decision Likely to Bring More Certainty, But Less Autonomy for Bankruptcy Judges"Westlaw Journal Bankruptcy, April 6, 2017
- Leading Lawyers Magazine - Women's Edition, February 25, 2015
- Illinois Business Journal, December 2013
Seminars & Speaking Engagements
- Moderator, “Crafty Creditor Remedies for Chapter 13”Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference, Chicago, Illinois, October 10, 2016
- "What Happens If I File for Bankruptcy Protection?"St. Louis Community Credit Union Financial Education Center, June 2014
- Commercial Law Client Seminar, 2011 and 2012
- "Help! My Customer Hasn't Paid!"O'Fallon Chamber of Commerce, June 2011
- "Problems to Avoid in Order to be Paid"American General Contractors, September 21, 2009
- "Update: Case Law & Legislation," Real Property Foreclosure: A Step-By-Step Workshop Seminar for National Business InstituteJune 10, 2009
- "Workout Strategies for Debtors and Creditors"Bar Association of Metropolitan St. Louis, April 7, 2009
- "Tenant Bankruptcies: What You Need to Know When Drafting Leases"Bar Association of Metropolitan St. Louis, November 11, 2008
- "Bankruptcy Issues"Bankruptcy Association for Southern Illinois, September 7, 2008
- "Bankruptcy and Foreclosure"Sterling Education, 2008
- June 13, 2014