Randy Scherck has more than 35 years of experience representing businesses, banks and financial institutions in diverse corporate matters, as well as extensive experience litigating and negotiating actions in bankruptcy and state court.

He regularly represents primarily creditors in a full array of bankruptcy proceedings, including Chapter 7, 11, 12 and 13. He has represented secured creditors in obtaining lift stay, reclamation actions, objecting to and litigating disputes involving plans of reorganization. He also secures the highest possible recovery and payment for secured creditors, primarily for financial institutions. He has extensive experience in collections for companies in numerous industries including retail, manufacturing and professional services.

Randy also represents clients in corporate and real estate matters, including litigation relating to these areas. He has prosecuted, defended and arbitrated a variety of commercial actions involving breach of contract, equipment leases and revolving charge agreements and worked with businesses to enforce indemnity agreements, contracts, non-compete agreements and promissory notes. Randy has also drafted notes, security agreements, corporate formation documents, partnership agreements and LLC articles of organization. His transactional experience includes negotiating and documenting the purchase of sale of stock and assets of various businesses and conducting closings of real estate and loan transactions for residential and commercial property. He also represents condominium associations and has litigated and negotiated various matters on their behalf. 

Randy regularly assists leading financial institutions in connection with loan enforcement actions including foreclosures of commercial and residential real property in Missouri and Southern Illinois. He was an arbitrator for the American Arbitration Association, Commercial Section, and has served as an arbitrator in commercial disputes involving individuals, businesses and financial institutions. He also has completed mediation training and been involved in multiple mediations.

Randy’s varied litigation experience includes defending title companies in a variety of claims asserted on policies including fraud, defending employers on wrongful discharge actions and prosecuting and defending disputes involving ownership interests and values of business entities and their assets.

Professional Affiliations

• The Missouri Bar

Honors & Awards

•  Martindale-Hubbell AV

Representative Matters

Bankruptcy

• Represented large Bank Group and secured lender in significant chapter 11 case, resulting in plan confirmation and obtaining maximum recovery for Bank Group.
• Represented multiple landlords in national tenant bankruptcy and obtained recovery of premises and payment of large post-petition administrative expense claims.
• Represented franchisees in national franchisor bankruptcy and successfully obtained release of franchisees from franchise agreement.
• Represented multiple creditors in a variety of bankruptcies, defending preference claims and either eliminating the claims or settling the claims at significant discounts for the clients.
• Represented multiple secured and unsecured creditors in various bankruptcies to obtain the maximum recovery of their claims and to recover collateral from the debtor.
• Represented a large public company engaged in providing public relations services to obtain status as a critical vendor in a national bankruptcy case, resulting in full payment of the client’s pre-petition and post-petition claims.

Litigation

• Represented various equipment leasing companies to obtain judgments and monetary recoveries as well as recovery of the leased equipment in lawsuits throughout the country.
• Represented large and smaller banking institutions to enforce promissory notes, security agreements, pledge agreements, and loan agreements to secure the maximum recovery and replevin the collateral securing such transactions.
• Represented local tape and label company in multiple lawsuits to recover contractual and non-contractual payments from various customers.
• Represented condominium association to force sub-condominium association to abide by Condominium Declaration and Bylaws, which resulted in judgment awarding client status as operating association and payment of years of past due assessments.
• Represented various manufacturing businesses and successfully enforced and defended non-compete and non-solicitation agreements involving current and former employees.
• Represented beneficiaries of fiduciary trust to eliminate trustees who were receiving excessive fees for payment of duties as trustees.

Real Estate

• Represented various condominium associations in drafting Declaration Amendments and enforcing terms of Declarations and Bylaws.
• Arranged for and conducted over 100 foreclosure sales of commercial and residential real estate by judicial and non-judicial sales.
• Drafted, negotiated and amended various commercial and residential lease agreements for various clients, including a large national tenant in the bridal wardrobe business.
• Drafted, negotiated and amended various mortgages and deeds of trusts for various financial institutions, including national and regional banks.

Debtor/Creditor

• Represented regional airlines in negotiating workout arrangements with various creditors and liquidation of assets to secure large payments to all creditors.
• Represented various national and regional Banks, equipment leasing companies and finance companies in negotiating settlements and resolution of various claims against borrowers, resulting in significant recovery for the applicable client.
• Represented large national department store chain in handling collections of its retail and commercial debt from its customers throughout the country.
• Represented multiple manufacturing and service businesses in enforcing judgments against individuals and companies by garnishment and various forms of execution on the assets of the debtors.

Seminars & Speaking Engagements

Publications