Education

• University of Iowa

  (B.A., 1975)
  Phi Eta Sigma National Honor Fraternity

• Case Western Reserve University School of Law

  (J.D., 1978)
  Associate Editor, Case Western Reserve Law Review

Admissions

• State of Ohio
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, Northern District of Ohio

REPRESENTATIVE EXPERIENCE
Richard has represented the following:
Insolvency Litigation

• A multinational electronics manufacturer in connection with prosecuting attachment proceedings in California.
• A Fortune 500 insurance company in a $32 million fraudulent conveyance action in Kansas Bankruptcy Court.
• Two Fortune 500 companies in defense of two multi-million dollar fraudulent conveyance and preference actions in The Tribune Company bankruptcy case in the Southern District of New York.
• A national consulting firm which prevailed in objecting to discharge and bad faith litigation in Florida Bankruptcy Court.
• Shareholder/creditors seeking re-characterization of their claims in West Virginia Bankruptcy Court.
• A public company which prevailed in the prosecution of fraudulent conveyance and re-characterization claims in American Arbitration Association proceedings in Columbus, Ohio.
• Both plaintiffs and defendants in numerous fraudulent conveyance and preference cases in multiple jurisdictions.

Bankruptcy Proceedings

• A multinational public company in connection with its role as the chair of the Official Creditors Committee and the largest creditor in the Delaware bankruptcy case of a customer.
• The sponsor of a plan of reorganization pursuant to which the client acquired the assets of the manufacturer of a pharmaceutical company.
• A national credit card processor in connection with negotiating cash collateral arrangements and pursuing collection of its processing fees in bankruptcy proceedings in Minnesota, Wisconsin, Delaware, and other jurisdictions.
• Creditors’ committees in Chapter 11 proceedings including that of a steel manufacturing business and a chain of discount stores.
• The purchaser in connection with its acquisition of multiple nursing homes by means of proposing and confirming a plan of reorganization in Chapter 11 bankruptcy proceedings.
• Several owners of multi-family apartment complexes in connection with their respective Chapter 11 proceedings.
• The secured lender in numerous Chapter 11 proceedings including those of the manufacturer and retailer of fine chocolate and confectionary products; the holding company and subsidiaries of a multi-state foundry operation; a large wholesale distributor of household goods; and a fixed-base operator and charter airline.
• Equipment lessor in connection with Chapter 11 proceedings of forging business.
• The debtor in connection with Chapter 11 proceedings of a manufacturer of metal halide lighting products, a trucking company, and an oil and gas producer.
• The trustee in numerous adversary proceedings to avoid fraudulent conveyances and recover assets from several related parties and entities.
• One of Ohio’s largest municipalities in connection with the Chapter 11 bankruptcy proceeding of thermal energy provider crucial to the citizens of the municipality.

Workouts

• Several secured lenders in connection with workout of credit facilities for numerous residential real estate developers; a temporary employment agency; an injection molding operation; and numerous other borrowers.
• The national syndicator/developer of low-income multifamily housing developments in connection with restructuring and workout of certain projects.
• A precision aviation parts manufacturer in workout of its loan with secured lender and eventual refinancing.
• The borrower in a workout of loans involving several parcels of real estate involving national lenders.
• Developers and partners of distressed shopping center projects.
• Numerous manufacturing companies in connection with restructuring loans with their secured lenders.

Receiverships  

• The receiver in connection with its operation of certain hotel facilities.
• The receiver in connection with its operation of manufacturer of certain electrical components.
• The secured lender in receivership proceeding brought against plastic injection molding manufacturer.
• The secured lender in receivership proceeding brought against manufacturer of specialized coating machinery.
• The acquirer of real estate and businesses from receivers.

Distressed M&A

• Both purchasers and sellers in numerous successful court-approved sales of assets including, among many other businesses: metal manufacturing and processing companies; hotel owners and operators; a manufacturing and welding company; a private country club and golf course; and a company specializing in the production of railroad track and machinery.
• Sellers and purchasers in successful asset dispositions through the use of Article 9 of the Uniform Commercial Code, including a window manufacturer; accounts receivable factor and other businesses.

Client Alerts

• "Doing Business with Troubled Companies in the Age of COVID-19," Ulmer & Berne LLP Client Alert (April 2020)

Presentations

• “SBA Disaster Assistance Loans, Obtaining and Preserving Cash, and Other Remedies Under the New CARES Act,” Ulmer Webinar (April 2020)
• “New Age of Bankruptcy,” 2015 William J. O’Neill Great Lakes Regional Bankruptcy Institute (May 2015)
• “Distressed Credits,” Chicago Chapter of the Global Association of Risk Professionals at DePaul University Department of Finance (February 2015)
• “Commercial Breakout: It’s Not All Bricks and Mortar: Special Issues in Construction Bankruptcies,” 2013 William J. O’Neill Regional Bankruptcy Institute (June 2013)
• “Real Estate Forecast 2009,” NorthStar Title Services (January 2009)
• Frequent lecturer in bankruptcy at the William J. O’Neill Bankruptcy Institute and other bankruptcy seminars
• “Your Largest Customer is Failing: Now What?,”  ACCA Seminar (August 2008)

PROFESSIONAL AFFILIATIONS

• 2009 William J. O’Neill Regional Bankruptcy Institute (Chair)
• American Bar Association (Corporations, Business and Banking Section)
• Ohio State Bar Association
• Cleveland Metropolitan Bar Association (Bankruptcy and Commercial Law Section)
• American Bankruptcy Institute
• Turnaround Management Association (Former Trustee)

• Case Western Reserve University School of Law (Member, Alumni Advisory Board, Center for Business Law & Regulation 2011-present)

• Corporate Restructuring & Creditors’ Rights, Group Leader (Former)
• Business Law, Chair (Former)
• General Counsel, Ulmer & Berne (Former)

HONORS

• Designated Best Lawyers Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law “Lawyer of the Year” in Cleveland (2015; 2018)
• Named to The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Corporate Law; Litigation-Bankruptcy (2007-2023)
• AV Preeminent Peer Review Rated – Martindale-Hubbell
• Named to the Ohio Super Lawyers list (2004-2023)
• Named a “Leading Lawyer” in Northeast Ohio in a survey of lawyers by Inside Business Magazine (2009-2011*) *2011 final year of survey

CERTIFICATIONS

• Certified as a Specialist in Business Bankruptcy Law by the American Board of Certification (1994-present)

• Ohio Super Lawyers Recognizes 69 Ulmer Attorneys in 2023 Lists
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2023 Report
• Ohio Super Lawyers Recognizes Ulmer Attorneys in 2022 Lists
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report
• Ohio Super Lawyers Honors Ulmer Attorneys in 2020 Lists
• Best Lawyers® 2020: 60 Ulmer Attorneys Recognized, Two Partners Named “Lawyer of the Year”