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Tyson Crist is a partner in Ice Miller’s Bankruptcy and Restructuring Group. He has a broad base of experience and knowledge in bankruptcy and debtor-creditor matters gained over the course of his 20+ year legal career. A path fixed after serving as a law clerk to a United States Bankruptcy Judge. He represents both private and governmental entities and has been fortunate to have litigated a variety of matters at both the trial and appellate levels, in federal and state courts. He represents clients that need assistance in navigating bankruptcy and receiverships, protecting and restructuring financial interests, and enforcing debtor-creditor rights. Most recently, he has handled significant matters for financial institutions in receiverships, both agricultural and involving nursing home bonds, a public pension system concerning complex litigation over efforts by an employer to cease participation through bankruptcy, and to represent lenders and creditors with respect to both coal and oil and gas bankruptcies and related state law rights. He has represented creditors' committees, liquidating trustees, indenture trustees, trustees, custodians, creditors and debtors.

Tyson has regularly written and spoken on numerous bankruptcy and state law topics, most recently the changes to small business bankruptcy--subchapter V of chapter 11--enacted through the CARES Act. Through his involvement with the Ohio State Bar Association as prior Chair of the Banking, Commercial & Bankruptcy Law Committee, he testified before committees of both the Ohio House of Representatives and Senate on foreclosures, significant revisions to Ohio's receivership statutes, and other debtor-creditor laws. He has also written numerous legal opinions on bankruptcy and related debtor-creditor law issues, such as true sale, substantive consolidation, bond defeasance and bankruptcy eligibility.

As an original member of the Chapter 11 Subcommittee of the Attorney Advisory Committee of the United States Bankruptcy Court for the Southern District of Ohio, he helped to draft and advise on the Procedures for Complex Chapter 11 Cases. 

He is currently a member of the Board of the Columbus Chapter of the Federal Bar Association.


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 necessary.  Given his areas of practice, he is attuned to handling matters always mindful of the cost-benefit and the client's ultimate goal.
 
He has been selected for inclusion in The Best Lawyers® in America, now 14 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 an Ohio Super Lawyers Rising Star in the area of Bankruptcy/Creditor-Debtor Rights for 2011 and 2013 and has been selected as an Ohio Super Lawyer for 2014-2021.
 
Reported and Representative Cases
  • Black Diamond Commercial Finance, L.L.C., as Administrative Agent v. Murray Energy Corp., et al. (In re Murray Energy Holdings Co., et al.), Case No. 19-56885 / Adv. Pro. No. 19-02143 (Bankr. S.D. Ohio) (Hoffman, J.)
    Represent an Administrative Agent with respect to outstanding term loans in the related complex chapter 11 bankruptcy cases filed by Murray Energy Holdings Co. and ninety-eight affiliated entities, along with the prosecution of an associated adversary proceeding, which has resulted in the following reported decision:
  • Black Diamond Commercial Finance, L.L.C. v. Murray Energy Corp. (In re Murray Energy Holdings Co., 616 B.R. 84 (Bankr. S.D. Ohio 2020) (granting, in part, and denying, in part, defendants’ motions to dismiss).
  • BMO Harris Bank N.A. v. Rivercrest Farm, Inc., Case No. CV 2018 0564 (Allen Cnty., Ohio, Ct. of C.P.)
    We represent the lender in this complex agricultural foreclosure and receivership action that involved approximately 730 acres of farmland, farm equipment and machinery, and a grain elevator property.
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc. (In re Seven Counties Services, Inc.), Case No. 13-31442 / AP No. 13-03019 (Bankr. W.D. Ky.), Case No. 3:15-cv-25/75-DJH (W.D. Ky.), Case Nos. 16-5569/16-5664 (6th Cir.), Case No. 2018-SC-000461-CL (Ky.).
    Seven Counties Services, Inc. filed chapter 11 in an effort to withdraw from continued participation in the Kentucky Employees Retirement System (“KERS”). This case involved significant litigation in the main case and two associated adversary proceedings, following which KERS filed an appeal to the district court and then to the Sixth Circuit Court of Appeals. Along the way there was also an effort to take a direct appeal to the Sixth Circuit and a writ of prohibition. It has resulted in the first circuit-level decision on the analysis of what constitutes a “governmental unit” under section 101(27) of the Bankruptcy Code for the purpose of eligibility for chapter 11 relief under section 109(d), as well as a decision by the Supreme Court of Kentucky on the nature of the relationship between Seven Counties and KERS, and a subsequent decision by the Sixth Circuit on the application of 28 U.S.C. § 959(b) to statutory obligations to participate in and make contributions to a state pension plan. I was trial counsel before the Bankruptcy Court, argued the motion for stay pending appeal before the District Court, and argued the appeal to the Sixth Circuit.
The reported decisions that have been generated from the Seven Counties Services, Inc. bankruptcy case and associated adversary proceedings are as follows:
 
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., Civil Action No. 3:15-cv-75-DJH, 2015 WL 474311 (W.D. Ky. Feb. 4, 2015).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., 550 B.R. 741 (W.D. Ky. 2016).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., 901 F.3d 718 (6th Cir. 2018).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., Nos. 16-5569/16-5644, 746 F. App’x 528 (6th Cir. Aug. 24, 2018).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., 580 S.W.3d 530 (Ky. 2019).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., Nos. 16-5569/16-5644, 823 F. App’x 300 (6th Cir. July 20, 2020).
There are also unreported decisions available at:
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc. (In re Seven Counties Services, Inc.), Case No. 13-31442 / Adv. Pro. No. 13-03019, 2013 WL 5965759 (Bankr. W.D. Ky. Nov. 8, 2013) (denying Defendants’ motion dismiss complaint).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc. (In re Seven Counties Services, Inc.), Case No. 13-31442 / Adv. Pro. No. 13-03019, 2014 WL 4792202 (Bankr. W.D. Ky. Sept. 24, 2014) (granting Appellants’ motion to certify a direct appeal to the Court of Appeals for the Sixth Circuit).
  • Kentucky Employees Retirement System v. Seven Counties Services, Inc., Civil Action No. 3:15-cv-75-DJH, 2015 WL 474311 (W.D. Ky. Feb. 4, 2015) (denying Appellants’ emergency motion for stay pending appeal).
 
  • In re Lawrence D. Fromelius, Case No. 15-22373 (Bankr. N.D. Ill.)
  • In re L. Fromelius Investment Properties, LLC, Case No. 15-22943 (Bankr. N.D. Ill.)
  • In re Golden Marina Causeway, LLC, Case No. 16-03587 (Bankr. N.D. Ill.)
    We represented the Trustee in these related chapter 11 cases and associated adversary proceedings, by which the Trustee recovered $5.6 million under the confirmed plans of reorganization.
  • In re Kentuckiana Healthcare, Inc. (Bankr. W.D.Ky., 2014-2017)
    Represented pharmaceutical companies in the chapter 11 of nursing home care provider and related adversary proceeding and state court litigation
  • In re Field (Bankr. S.D. Ohio, 2015)
    Represented a commercial landlord in a non-dischargeability action to hold the tenant's principal individually responsible
  • 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 – Townes 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.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
Selected Experience
  • Law Clerk to the Honorable J. Rich Leonard, U.S Bankruptcy Court for the Eastern District of North Carolina (1999-2000).
Ice TV
Firm Publications
News
Published In
  • "Impact of Bankruptcy Law on Participant Interests in Governmental Plans - Chapter 14," Governmental Plans Answer Book (Carol V. Calhoun, Cynthia L. Moore, Keith Brainard 3d ed. 2014-2020), Co-Author.
  • "Impact of Bankruptcy of Employers on Governmental Plans and Participants - Chapter 15," Governmental Plans Answer Book (Carol V. Calhoun, Cynthia L. Moore, Keith Brainard 3d ed. 2016-2020), Co-Author.
  • "Public Pension Plans and the Basis of Employer Participation," PERSist, Vol. 32, Issue 3 (Fall 2019), the quarterly newsletter of NCPERS (National Conference on Public Employee Retirement Systems), November 14, 2019.
  • “Supreme Court Agrees Licensee Has Right to Use Mark After Rejection of Trademark Licensing Agreement in Bankruptcy,” Publication of Ice Miller LLP, available at: www.icemiller.com/ice-on-fire-insights/ publications (May 23, 2019).
  • "What It Means to Be 'Governmental'," The National Association of Public Pension Attorneys Report, Vol. 32, No. 1 (April 2018)
  • "Proposed Amendments to Bankruptcy Rule 9027—Cart Before the Horse?," American Bankruptcy Institute Bankruptcy Litigation Committee Newsletter (Dec. 24, 2013).
  • "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.
Speaking Engagements
  • “Small Business Bankruptcy in the COVID-19 Era—Subchapter V of Chapter 11 Under the CARES Act,” at The Ohio State University’s Law, Finance and Governance Program—Restructuring Series on Nov. 10, 2020 (by Zoom).
  • “The Impact of Bankruptcy on the Pursuit of Property Taxes,” at the Ohio Township Association, Winter Law Directors’ Group Meeting, Dec. 13, 2019.
  • “Newly Minted Complex Chapter 11 Procedures for the District," panel presentation with other members of the Attorney Advisory Committee, as well as the Honorable Jeffery P. Hopkins, Chief Judge, as Moderator, and the Honorable John E. Hoffman, Jr., Judge, of the United States Bankruptcy Court for the Southern District of Ohio at the Bankruptcy Bench-Bar Conference held in Dayton, Ohio, Sept. 20, 2019.
  • “The Best and Worst UCC Article 9 Practices–Common Traps and Mistakes and How to Avoid Them” (with Professor G. Ray Warner, St. John’s University School of Law), at the 2018 William J. O’Neill Great Lakes Regional Bankruptcy Institute, sponsored by the Bankruptcy and Commercial Law Section of the Cleveland Metropolitan Bar Association in Cleveland, Ohio, May 3, 2018.
  • "The Merit Decision Narrowed the 'Securities Safe Harbor' Defense to a Fraudulent Transfer Action in Bankruptcy, or Did It? What Will This Mean for Banks?, co-presented by Tyson Crist and Victoria Powers, regarding the Supreme Court’s unanimous bankruptcy decision in Merit Management Group, LP v. FTI Consulting, Inc., at the Columbus Bar Association, CBA Financial Services Committee meeting, March 27, 2018.
  • "Retail in Distress: Surviving the Reinvention of Retail," Ice Miller LLP CLE Forum, Columbus, Ohio, Nov. 29, 2017.
  • Course Planner and Sponsor, ""Banking Law Update," seminar hosted by the Ohio State Bar Association, Nov. 15, 2017.
  • "House Bill 390:  Revamping Ohio's Foreclosure Process," seminar hosted by the Dayton Bar Association, Dec. 14, 2016.
  • Course Planner and Sponsor, "Banking Law Institute," seminar hosted by the Ohio State Bar Association, Nov. 16, 2016.
  • Moderator, "Hot Collection Issues in the Business World" webinar hosted by Ice Miller, Oct. 19, 2016.
  • Moderator, "Revisions to Ohio Foreclosure Law" webcast hosted by the Ohio State Bar Association, Sept. 27, 2016.
  • "Current Issues in Foreclosure and Receivership" webinar hosted by Ice Miller, July 20, 2016.
  • "Receiverships Under House Bill 9," Real Estate Law Institute hosted by the Cleveland Metropolitan Bar Association, Nov. 12, 2015.
  • "Supreme Court Report," presentation at the United States Law Firm Group Bankruptcy and Creditors Rights Group meeting in Indianapolis, May 9, 2015.
  • "Receivership Law Modernized Under H.B. 9," webcast hosted by the Ohio State Bar Association, April 14, 2015.
  • "Receiverships: Practice & Updates to Ohio Law that Every Bankruptcy Practitioner Should Know," Bankruptcy Law Committee meeting, Columbus Bar Association, April 9, 2015.
  • "Receiverships Under House Bill 9," seminar hosted by Chicago Title Insurance Company, March 5, 2015.
  • "Receiverships Under House Bill 9," seminar hosted by the Cleveland Metropolitan Bar Association, Feb. 26, 2015.
  • "Receivers: Working With Them and Changes in the Works," Ice Miller CLE Forum for In-House Counsel, Columbus, Ohio, Dec. 4, 2014.
  • Testified before the Civil Justice Committee of the Ohio Senate on H.B. 9, amendments to Ohio's receivership legislation, October 2013.
  • "Bankruptcy Law Subcommittee Case Law Update," Ohio State Bar Association, Banking, Commercial, and Bankruptcy Law Committee, September 2013.
  • Testified before the Judiciary Committee of the Ohio House of Representatives on S.B. 388/H.B. 610, amendments to Ohio's receivership legislation, December 2012.
  • “Fraudulent Transfers - Bankruptcy Litigation 101,” National Business Institute, November 2011.
  • “When the Tenant or Landlord Files Bankruptcy,” Sterling Education Services, May 2010.
  • “Recurring Issues You May Need to Know: 1) Preference Issues Update; 2) Commercial Lease Litigation; and 3) Critical Vendor in Disguise -- 503(b)(9),” Columbus Bar Association, Bankruptcy Law Institute, 2008.
  • “First Day Motions/Orders,” Columbus Bar Association, Bankruptcy Law Committee, Panelist, February 2004.
  • “Recent Case Law Report of the Accounts, Payments, and Letters of Credit Subcommittee,” Ohio State Bar Association, Banking, Commercial, and Bankruptcy Law Committee, January 2004.
  • “Bankruptcy: The Nuts and Bolts -- The Code and Rules,” CLE, Inc., Columbus, Ohio, April 2002.
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