Matthew H. Matheney
My overall goal is to assist you in developing and maintaining a healthy and successful business. As a commercial litigator, I help clients on a local and national basis resolve business disputes and the day-to-day issues that arise while running a business. My experience includes litigating cases ranging from small commercial disputes to large multi-million dollar cases in state, federal and bankruptcy courts.
Because no two matters are alike and no two clients are alike, I like to form a relationship with my clients to understand their businesses and the economics of their unique situations. In order to do that, I employ a proactive approach to the practice of law, providing clients guidance not just when litigation occurs, but guidance that may actually prevent or reduce the risk and cost of litigation.
I understand businesses face a wide variety of legal issues in addition to commercial litigation. My experience serving as outside general counsel enables me to help clients recognize and resolve those legal issues. By working with my colleagues, I can counsel clients on matters involving tax, labor and employment, commercial lending, construction, mergers and acquisitions, business succession planning and corporate law.
- Focuses his practice on commercial litigation including general business disputes, workouts, receiverships and foreclosures for banks and other creditors and estate, and succession planning for individuals and business owners.
- Counsels his clients, including a Fortune 500 company and a national trucking company on a full spectrum of legal issues, including breach of contract, workouts and forbearance agreements, receivership matters, foreclosures, fraud claims, terms and conditions for sale, warranties, purchase orders, and other commercial contracts as well as estate planning issues.
- Has extensive experience representing creditors in Chapter 7, 11 and 13 Bankruptcy proceedings including Motions for Relief from Stay, lien avoidance prosecution of fraud claims and defense and prosecution of preference and turnover claims. Also has experience representing Chapter 11 debtors.
- Was previously a Law Clerk for the Honorable Marilyn Shea-Stonum at the U.S. Bankruptcy Court for the Northern District of Ohio
- Sergeant and Machine Gun Section Leader for Kilo Company, 3rd Battalion 25th Marines, 4th Marine Division, 1989 to 1995
- Education & Admissions
- Cleveland-Marshall College of Law, Cleveland, Ohio (J.D., cum laude, 1998)
- The College of Wooster, Wooster, Ohio (B.A., 1995)
- Ohio Bar
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court of Colorado
- Awards & Honors
- Listed in Best Lawyers in America® (2018)
- Selected for inclusion in Ohio’s Super Lawyers® (2015-2017), as voted by his peers
- Selected for inclusion in Ohio’s Super Lawyers® - Rising Star™ (2009, 2011), as voted by his peers
- Martindale-Hubbell Peer Review Rating of AV® Preeminent™, which is the highest possible rating in both legal and ethical standards as established by confidential opinions from members of the Bar
- Professional & Civic
- Co-Chair and Member, Sponsorship Committee: William J. O’Neil Bankruptcy Institute
- Chair and Committee Member: The Cleveland Metropolitan Bar Association, Marvin and Sue Sicherman Excellence in Bankruptcy Award
- Member: National Marine Corps Business Network – Cleveland Chapter
- Member: American Bankruptcy Institute
- Chair and Committee Member: The Cleveland Metropolitan Bar Association
- Member: Cleveland-Marshall College of Law Alumni Association
- Presentations &
- <strong>Presentations:</strong> <ul> <li>“An Alternative to Bankruptcy: Assisting a Client with the Closing of Their business,” Ohio CPA Accounting Show (2013)</li> <li>“Introduction to Chapter 11 of the Bankruptcy Code” (2012)</li> <li>“Debtors, Assets & Judgements” (2012)</li> <li>“Common Ethical Issues” (2012)</li> </ul> <strong>Publications:</strong> <ul> <li>“Avoid Having to Litigate the Same Case Twice,” <em>Cleveland Metropolitan Bar Journal</em> (2014)</li> </ul>