Brian P. Welch

Brian Welch is a Partner at Burke, Warren, MacKay & Serritella, P.C. and is Vice Chair of the Firm's Restructuring, Insolvency, and Bankruptcy practice group. His practice is primarily focused in the fields of bankruptcy, business reorganization, debtor’s and creditor’s rights, insolvency, and commercial litigation.

Brian has represented a diverse group of clients including individual and corporate debtors in Chapter 11 and Chapter 7 proceedings, secured and unsecured creditors, landlords, estate representatives such as Chapter 7 and Chapter 11 trustees, plan administrators, state law receivers, 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;
• assumption and rejection of leases and executory contracts;
• involuntary bankruptcy proceedings;
• objections to proofs of claim; and
• Chapter 11 Plan confirmation.

In addition, Brian has successfully litigated several bankruptcy appeals in 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;
• motions for temporary restraining order;
• motions for preliminary injunction; and
• shareholder disputes.

Brian has been recognized as a “Rising Star” in the field of Business Bankruptcy by Illinois Super Lawyers and as an "Emerging Lawyer" in the field of Bankruptcy & Workout Law by Illinois Emerging Lawyers.

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 American Bankruptcy Institute’s Hon. Conrad B. Duberstein Moot Court Competition, where Brian’s team received the Outstanding Brief Award.

Prior to joining Burke, Warren, MacKay & Serritella, Brian worked at a full-service national law firm in its bankruptcy and restructuring group and at a 50-year old locally based boutique law firm practicing exclusively in insolvency, bankruptcy, and creditors’ rights.

• Illinois Super Lawyers, “Rising Star” in Business Bankruptcy, 2016-2025
• 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
• The John Marshall Law Review

• Brian is an active member of the American Bankruptcy Institute.
• Brian previously served on the Illinois State Bar Association Federal Civil Practice as Section Council and was a member of the Commercial Banking, Collections and Bankruptcy Division and Young Lawyers Division).
• Brian was previously appointed to the Bankruptcy Court Liaison Committee for the United States Bankruptcy Court for the Northern District of Illinois, serving a 2-year term from 2017 through 2019.
• Brian has been frequently published in local and national publications and has sat as a lecturer on various 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.