Tyson Crist is a Partner in Ice Miller’s Bankruptcy and Financial Restructuring Group. His practice primarily involves bankruptcy, litigation and real estate matters. He has significant experience in representing creditors and creditors' committees in bankruptcy, financial institutions in foreclosures, receiverships and other litigation involving real estate, as well as a variety of clients in other debtor/creditor and litigation matters.
Tyson enjoys both the opportunity to swiftly resolve matters for clients through negotiation and the opportunity to fight for the client's rights in court when agreement is not possible. Given his areas of practice, he is attuned to handling matters always mindful of the cost-benefit and end result.
He has been selected for inclusion in The Best Lawyers in America for 2014, now 7 years running, in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy. He has also been selected as a Rising Star in the area of Bankruptcy/Creditor-Debtor Rights for 2011 and 2013.
Lately, he has been involved in efforts to amend Ohio's receivership legislation to promote a statewide uniform process for receivers to sell property free and clear of liens that affords due process to all parties.
Reported and Representative Cases
In re General Growth Properties, Inc. (Bankr. S.D.N.Y., 2009-2011)
Represented large Columbus-based, retail tenants to assert and successfully resolve large portfolios of shopping center lease claims
In re SL Liquidating, Inc. (f/k/a SENCORP) (Bankr. S.D. Ohio, 2009-2012)
Represented the Official Committee of Unsecured Creditors and subsequent Post-Consummation Committee and the Trust Administrator in the chapter 11 bankruptcy of SENCORP and affiliated companies
In re Restaurant Development Group, Inc. (Bankr. N.D. Ill, 2007-2010)
Represented a former landlord of The Red Star in the parent's chapter 7 bankruptcy to successfully pursue recovery on a lease guaranty
In re Plastech Engineered Products, Inc. (Bankr. E.D. Mich., 2008-2009)
Represented a supplier to the debtor and successfully pursued a Section 503(b)(9) claim resulting in one of the first rulings on what constitutes "goods" for purposes of Section 503(b)(9)
First Midwest Bank v. Portrait Homes – Towns at West Albany, LLC (Common Pleas, Franklin County, Ohio, 2008-2011)
Represented the lender in a foreclosure and receivership of a partially completed condominium development to maximize value of the property
Security Life of Denver Insurance Company v. Tulspec Properties, L.C. (Common Pleas, Franklin County, Ohio, 2010)
Represented the lender in a foreclosure and receivership of an office complex resulting in full satisfaction of the debt
Law Clerk to the Honorable J. Rich Leonard, U.S Bankruptcy Court for the Eastern District of North Carolina, 1999-2000.
"When Bankruptcy Law and 'Inviolable Contracts' Collide - Chapter 9," The National Association of Public Pension Attorneys, Vol. 27, No. 2, 6-9 (May 2013).
“Stern v. Marshall : Application of the Supreme Court’s Landmark Decision in the Lower Courts,” The American Bankruptcy Law Journal, Vol. 86, 627-684 (Issue 4 2012).
“Factors for a Public Retirement System to Consider if a Municipality Seeks Relief under Chapter 9 of the Bankruptcy Code”, National Conference on Public Employee Retirement Systems, PERSist, Summer 2012, co-author
“About Validity of a Mechanics’ Lien and Proving “Substantial Compliance,” Columbus Bar Association’s Lawyers Quarterly, October 2007, and Associated General Contractors’ Building Ohio, January-March 2008.
“Sovereign Immunity in Bankruptcy: Can States Be Sued for Preferences?,” Columbus Bar Briefs, Summer 2006.
"Proposed Amendments to Bankruptcy Rule 9027—Cart Before the Horse?," American Bankruptcy Institute Bankruptcy Litigation Committee Newsletter, Dec. 24, 2013.