Francis C. Morrissey concentrates his practice in the areas of commercial litigation, insolvency and distressed acquisitions and divestitures. Mr. Morrissey is an experienced bankruptcy litigator and counselor who has practiced for more than fifteen years in the field. His practice encompasses all aspects of the bankruptcy process including contested and competing plan confirmation hearings, contested relief from stay and cash collateral hearings and fraudulent transfer and preference litigation. Mr. Morrissey also has deep experience in distressed acquisitions and divestitures, whether through Section 363 bankruptcy sales, chapter 11 reorganization plans, secured party sales or receiverships. This skill set covers negotiating break-up fees and overbid provisions as well as assisting both sellers and buyers take full advantage of the procedural and substantive protections offered by bankruptcy.
Mr. Morrissey's practice regularly involves representing financial institutions, borrowers and distressed investors in the resolution of nonperforming loans; restructuring, workout and liquidation of commercial real estate and related default, guaranty and recourse carve-out litigation. In addition, Mr. Morrissey is a member of the panel of professionals approved by the Massachusetts Superior Court to serve as receivers in cases filed in Suffolk, Middlesex, Norfolk and Worcester counties and was recently appointed by the United States District Court for the District of Massachusetts as receiver for a multi-jurisdictional portfolio of nine mix-use office, industrial and commercial properties of more than 560,000 square feet that served as collateral for a failed CMBS financing.
Mr. Morrissey also currently serves as a hearing officer in disciplinary hearings brought by the Office of Bar Counsel against attorneys; as a referee in proceedings under M.G.L. ch. 175, section 100 to determine losses covered under commercial property insurance and an arbitrator on the Massachusetts Bar Association's Legal Fee Arbitration Board. All of these responsibilities require hearing competing testimony, weighing evidence and making adjudicatory rulings and recommendations. Mr. Morrissey has also been engaged as an expert witness and consultant in a variety of matters related to bankruptcy and commercial law.
In addition to his insolvency and dispute resolution practice, Mr. Morrissey teaches bankruptcy, creditors' rights and secured transactions at Boston University School of Law and New England Law/Boston. He also regularly speaks and writes on insolvency and commercial topics for the American Bankruptcy Institute, the Massachusetts Bar Association, the Boston Bar Association and Massachusetts Continuing Legal Education.
Mr. Morrissey also serves on the Legal Affairs Council of the Archdiocese of Boston, as Co-Chair of the American Bankruptcy Institute's Annual Northeast Bankruptcy Conference, and as Co-Chair of the Massachusetts Bar Association's Business Law Council. And on March 1, 2010, the Massachusetts Supreme Judicial Court appointed Mr. Morrissey to serve for a five year term as a trustee on the Clients' Security Fund which makes awards to members of the public who have sustained a financial loss caused by the dishonest conduct of a member of the bar acting as an attorney or fiduciary.
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