Brian A. Bash

Partner

Cleveland
T +1.216.861.7581
F +1.216.696.0740

"...Brian's knowledge of the Bankruptcy Code in the context of acquisitions is exceptional; in addition, his litigation skills in contested hearings are superb..."

— This comment appears on the U.S. News & Best Lawyers "Best Law Firms" website at bestlawfirms.usnews.com

Overview

With involvement in some of the most complex fraudulent schemes this century, Brian Bash has extensive experience in bankruptcy and commercial law. As a trustee and as counsel for trustees, he has focused his efforts on the recovery of assets for the benefit of creditors. His main focus has been on maximizing recoveries for clients in and out of bankruptcy proceedings. Having represented clients on all sides of bankruptcy, Brian has a seasoned perspective that enables him to resolve the most challenging situations.

Brian is ranked in Chambers USA: America's Leading Lawyers for Business, and is listed in The Best Lawyers in America© as well as in Euromoney publications.

Select Experience

  • Serves as trustee in the Chapter 7 bankruptcy of the Fair Finance Co. seeking recovery against the former owner and others who received fraudulent transfers and aided and abetted a massive Ponzi scheme. Applies unique aspects of the workings of fraudulent transfer laws to structured financings in the consumer financial receivables industry.
  • Serving as securities and financial investigatory counsel for the Chapter 7 trustee for an investment management firm that collapsed into bankruptcy amid Securities and Exchange Commission allegations of fraud. Conducting a financial investigation of the debtor.
  • Member of the BakerHostetler team serving as counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. 
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Experience

  • Serves as trustee in the Chapter 7 bankruptcy of the Fair Finance Co. seeking recovery against the former owner and others who received fraudulent transfers and aided and abetted a massive Ponzi scheme. Applies unique aspects of the workings of fraudulent transfer laws to structured financings in the consumer financial receivables industry.
  • Serving as securities and financial investigatory counsel for the Chapter 7 trustee for an investment management firm that collapsed into bankruptcy amid Securities and Exchange Commission allegations of fraud. Conducting a financial investigation of the debtor.
  • Member of the BakerHostetler team serving as counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. 
  • Represented the director of a holding company who was sued by a bankruptcy trustee for breach of fiduciary duty.
  • Representing a victim in the bankruptcy of a Dayton physician following the 2009 collapse of the physician's practice due to malpractice claims.

Recognitions and Memberships

Recognitions

  • Chambers USA: Bankruptcy/Restructuring in Ohio (2004 to 2020)
    • Band 2 (2011 to 2020), Band 2 (2004 to 2010)
  • Who's Who Legal: Asset Recovery (2016, 2017)
  • The Best Lawyers in America© (2006 to Present)
    • Ohio: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Euromoney: Leading Lawyer in Bankruptcy and Insolvency Law
  • Martindale-Hubbell: AV Preeminent
  • Ohio "Super Lawyer" (2004 to 2020)

Memberships

  • National Association of Bankruptcy Trustees: Panel Trustee
  • American Bankruptcy Institute
  • National Association of Federal Equity Receivers
  • Federal Court Mediation Panel
  • Turnaround Management Association
  • American Bar Association
  • Cleveland Metropolitan Bar Association

News

News

Press Releases

Prior Positions

  • Cleveland-Marshall College of Law: Adjunct Professor, Commercial Law

Admissions

  • U.S. Court of Appeals, Sixth Circuit, 1987
  • U.S. District Court, Southern District of Ohio, 2003
  • U.S. District Court, Northern District of Ohio, 1976
  • Ohio

Education

  • J.D., Tulane University Law School, 1975
  • B.A., Tulane University, 1971