Brian P. Welch is a partner at Burke, Warren, MacKay & Serritella, P.C. Brian is a member of the firm's Restructuring, Insolvency and Bankruptcy practice. His practice is primarily focused in the fields of bankruptcy, business reorganization, debtor’s and creditor’s rights, insolvency, and commercial litigation. Brian’s has represented a diverse group of clients including individual and corporate debtors in Chapter 11 and Chapter 7 proceedings, secured and unsecured creditors, estate representatives such as Chapter 7 and Chapter 11 trustees, plan administrators and assignees for the benefit of creditors.
Brian’s bankruptcy litigation experience includes prosecution and defense of lawsuits and contested matters involving:
- avoidance and recovery of fraudulent transfers under the Bankruptcy Code and state law;
- avoidance and recovery of preference payments;
- objections to discharge and dischargeability of debts;
- enforcement and modification of the automatic stay;
- involuntary bankruptcy proceedings;
- objections to proofs of claim; and
- Chapter 11 Plan confirmation.
In addition, Brian has successfully litigated several bankruptcy appeals in the District Court and before the Seventh Circuit Court of Appeals, achieving both reversals and affirmances of Bankruptcy Court decisions.
Brian also has a broad range of experience in commercial disputes in both State and Federal courts, including representation of debtors, creditors and estate representatives in litigation involving:
- breach of fiduciary duty claims;
- alter ego/piercing the corporate veil;
- civil conspiracy to commit fraud;
- lender liability claims;
- breach of contract claims;
- mortgage foreclosure;
- guaranty collection;
- real estate litigation; and
- shareholder disputes.
Brian has been recognized as a “Rising Star” in the field of Business Bankruptcy by Illinois Super Lawyers Magazine and as an "Emerging Lawyer" in the field of Bankruptcy & Workout Law by Illinois Emerging Lawyers Magazine.
While in law school, Brian was a member of The John Marshall Law Review and was elected to the Executive Board of the John Marshall Law School Moot Court Honors Program. Brian participated in several national Moot Court competitions, including the Hon. Conrad B. Duberstein Bankruptcy Moot Court Competition, where Brian’s team received an Outstanding Brief award.
Honors & Awards
- Illinois Super Lawyers, “Rising Star” in Business Bankruptcy, 2016-2019;
- Illinois Emerging Lawyers, Bankruptcy & Workout Law;
- Conrad B. Duberstein National Bankruptcy Moot Court Competition, Outstanding Brief, 2011;
- Pepperdine School of Law National Entertainment Law Moot Court Competition, Quarterfinalist, 2010;
- The John Marshall Law School Moot Court Honors Program, Executive Board Member; and
- The John Marshall Law Review.
- Brian is an active member of the American Bankruptcy Institute and the Illinois State Bar Association (Federal Civil Practice Section Council, Commercial Banking, Collections and Bankruptcy and Young Lawyers Division).
- Brian was recently appointed to the Bankruptcy Court Liaison Committee for the Northern District of Illinois.
- Brian has been frequently published in local and national publications and has sat as a lecturer on insolvency-related issues.
- Brian remains active in the community of the John Marshall Law School, and frequently returns to sit as a judge in the school’s Herzog Moot Court competition and for 1L and 2L students, and to assist 2L and 3L students as they prepare for their participation in national moot court competitions.
- Burke Warren a Proud Sponsor of the American Bankruptcy Institute 2022 Central States Bankruptcy ConferenceNews,
- "7th Circuit Review"Event,
- “Ability to Extend the Real Estate Tax Redemption Deadline”Publication, American Bankruptcy Institute, Business Reorganization Committee Newsletter,
- “Abstention: Recent Developments”Publication, Norton Annual Survey of Bankruptcy Law, Volume 2012, Issue 2012, 2012 Ann. Surv. Bankr. Law 18,
- “The Impact of Foreclosure and Bankruptcy on Commercial Leases”Publication, Advanced Commercial Landlord-Tenant Law, National Business Institute,
- “7th Circuit Successor Liability Law as Extended by Ordonez v. Akorat”Publication, Illinois State Bar Ass’n, Commercial Banking, Collections & Bankruptcy Law, Vol. 56, No. 4,
- "Unconscionable Amateurism: How the NCAA Violates Anti-Trust by Forcing Athletes to Sign Away Their Image Rights"Publication, 44 J. Marshall L. Rev. 533,
Practices & Industries
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Indiana
University of Illinois at Urbana-Champaign (B.A., 2008); Dean's List
John Marshall Law School (J.D., 2011, cum laude); John Marshall Law Review; Moot Court Honors Program, Executive Board; Dean's List