Commercial Litigation

Financial Institutions Section, Co-Chairman

• Ohio, 1969
• Kentucky, 1971

• Ohio Supreme Court, 1969
• 6th Circuit Court of Appeals, 1971
• U.S. District Court Southern District of Ohio
• U.S. District Court for the Northern District of Ohio
• U.S. District Court for the Eastern District of Kentucky
• U.S. District Court for the Eastern District of Michigan

• University of Cincinnati College of Law, J.D., 1969
• • Order of the Coif
    
  • Thomas More College, B.A., 1966

Gerald is a member of Frost Brown Todd LLC practicing in the litigation area. He assists clients in a wide variety of matters, primarily involving contractual, commercial, banking, bankruptcy or real estate related issues. He has represented lenders and borrowers, purchasers and sellers, debtors and creditors. He represents clients in many disputes related to lending relationships, real estate title, purchase and sale contracts or title insurance disputes. In addition, Gerald has had significant experience in bankruptcy matters, receiverships, non-bankruptcy liquidations and insolvency of securities brokers.  In 2008, he authored a book on the subject of receiverships.  He is also an active leader of the firm's hospitality industry practice group, and is the former co-chair of the firm's financial institutions section

Experience

Liquidation of securities broker pursuant to the Securities Investor Protection Act including claims handling, disposition of estate property, recovery of stolen assets, litigation against responsible parties.

Representation of secured creditors obtaining appointment of receivers for real estate projects, television station and radio station.

Representation of receiver for failed title agency including recovery of 100% of losses plus interest and fees from parties responsible for failed securities investments.

Special Counsel for Receiver for title agency to recover customer funds Isot through investments made as a result of securities purchases through brokers engaged in fraudulent activities; receiver recovered 100% of losses plus interest and attorney's fees.

Representing Liquidator of life insurance company for recover of loans in excess of $90 million.

Numerous cases for the recovery of funds lost by banks in check kiting schemes.

Federated Department Stores Bankruptcy, representing Debtor

Eagle Picher Bankruptcy, representing Debtor

Creditor representation in bankruptcies.

Representation of title insurers in cases involving thefts by title agents

Trade name litigation

Active as both arbitrator and mediator

Reported Cases:

Lutz, Trustee v. Chitwood, 304 B.R. 797 (S.D. OH Bankr. 2003)

Lutz, Trustee v. Munninghoff Lange & Co., 2003 Bankr. LEXIS 964 (S.D. OH Bankr. 2003)

Guarantee Title and Trust Co. v. American Mortgage Solutions, Inc., 2001 App. LEXIS .3690 (2001)

Atlantic Kraft Corp. v. Gibson Group, 126 B.R. 759 (S.D. OH Bankr. 1991)

In re Liquidation of Valleywood Savings & Loan Assoc., 60 Ohio App. 3d 64 (1989)

NBA International Banking Corp. v. Kersting, 85 B.R. 61 (S.D. OH Bankr. 1988)

Warner v. The Central Trust Co., N.A., 715 F.2d 1121 (6th Cir. 1983); 672 F. Supp. 1028 (S.D. OH 1987); 605 F. Supp. 521 (S.D. OH 1984)

Central Trust Co. v. B&L Leasing, 669 F. Supp. 828 (S.D. OH 1987)

In re Channel 64 Joint Venture, 61 B.R. 255 (S.D. OH Bankr. 1986)

The Central Trust Co., N.A. v. Mr. D. Realty Co., 26 B.R. 96 (S.D. OH Bankr. 1982)

Stouffer Corp. v. Winegardner & Hammons, Inc., 502 F.Supp. 232 (D.C.S.D. Ohio 1980)

• Selected for inclusion in Ohio Super Lawyers® 2004-2008
• The Best Lawyers in America® 2010-2012 for Commercial Litigation
• AV® Rated, Martindale-Hubbell®

• Cincinnati Bar Association
• American Bar Association
• Ohio State Bar Association
• Federal Bar Association
• Kentucky Bar Association
• American Bankruptcy Institute
• American Arbitration Association
• Ohio State Bar Association, Banking, Commercial & Bankruptcy Law Committee, Chair, 2000-2002

• Do Lenders Have A Right To Credit Bid On Their Collateral?
• American Law Institute Attempts To Clarify Law Concerning Transfer And Enforcement Of Mortgage Notes
• Enforcement Of A "Floating Forum Selection Clause" Continues To Be Questionable In Ohio
• Sometimes Foreclosure Counsel May Avoid Delays By Drafting More Precise Pleadings
• Mortgage Formalities Strictly Enforced In Ohio
• Massachusetts Court Issues Long-Awaited Decision On Foreclosures
• Inherited IRA May Be Exempt From Breach Of Creditors In Ohio
• Executive Compensation Under The Dodd-Frank Act
• Dodd-Frank Wall Street Reform Act
• Bank's Pre-Bankruptcy Security Interest In Funds In Bank Account Was Not Terminated By Delivery OF Funds To Trustee

• American Arbitration Association, Cincinnati Office, Commercial Arbitration Panel and Advisory Committee on Commercial Arbitration
• Hamilton County Court of Common Pleas and United States District Court, Mediator
• Tri-State Association for Corporate Renewal, Board

"Receivership Agreements Line by Line" Aspatore Books (2008)

"Trust Me-I'm From The IRS" American Bankruptcy Institute Journal, April 2009

"The Role of Intangibles In Bankruptcy Institute Journal" American Bankruptcy Institute Journal, October 2006

"In Pari Delicto Should Not Bar A Trustee’s Recovery" American Bankruptcy Institute Journal, October 2004

"New Pleading Standards for Avoidance Actions In Bankruptcy Court, November 2009, LexisNexis Emerging Issue Analysis

"Subprime Credit Crisis Won't Crush Homeownership," Cincinnati Business Courier, May 11, 2007