Jason R. Burke

Professional Experience

• Represents debtors and creditors in bankruptcy cases, including litigation involving claims of fraudulent transfers, preferences and subordination and reclassification issues
• Represents businesses, banks, and individuals in commercial litigation
• Represents financial institutions and borrowers regarding workouts, loan documentation and related business matters

Bar Admissions

• Indiana, 1997
• U.S. District Court for the Southern District of Indiana, 1997
• U.S. District Court for the Northern District of Indiana, 2000

Educational Background

• University of Georgia, A.B., cum laude, 1991, Phi Beta Kappa
• Washington & Lee University School of Law, J.D., cum laude, 1994

Professional and Charitable Organizations

• Indianapolis Bar Association (Member, Commercial and Bankruptcy Law Section)
• Indiana State Bar Association (Member, Bankruptcy Law Section)
• American Bankruptcy Institute
• Best Lawyers 2016 – Bankruptcy and Creditor debtor Rights/ Insolvency and Reorganization Law & Commercial Litigation

Publications and Lectures

• Author and Lecturer, “Bankruptcy Ethics and Retention of Professionals,” Annual Bankruptcy Institute, Indiana Continuing Legal Education Forum (December, 2004).
• Author and Lecturer, “Recent Developments in Avoidance Actions,” Annual Bankruptcy Institute, Indiana Continuing Legal Education Forum (December, 2004).
• Author, The Freedom of Contract vs. Patient’s Right to Choose Physician: Non-Competition Agreements in Physicians’ Employment Contracts, 43 Res Gestae 24 (September, 1999).
• Author and Lecturer, “Issues in Agricultural Reorganization Cases,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2021).
• Author and Lecturer, “Vignettes from Receivership Cases and Comparisons to Bankruptcy,” Indiana Bar Association (April, 2020).
• Author and Lecturer, “Chapter 11 in Practice: In re Scotty’s Holdings,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2019).
• Author and Lecturer, “Common Bankruptcy Issues in Commercial Real Estate Leases,” Indiana Bar Association (February, 2019).
• Author and Lecturer, “Prosecuting and Defending Preference Actions,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2018).
• Author and Lecturer, “Issues in Restructuring Cases,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2017). 
• Author and Lecturer, “Plan-Based Third Party Releases and Section 105 Orders,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2016). 
• Author and Lecturer, “Bankruptcy Protection for Nondebtors: Third Party Releases, Section 105 Injunctions & Plan Injunctions,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2015).
• Author and Lecturer, “Plan Confirmation Complications,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2014).
• Author and Lecturer, “A Comparison of Chapter 11 and Receiverships,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2013).
• Author and Lecturer, “The Business of Chapter 11: Use of Cash Collateral by the Debtor-in-Possession,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2012).
• Author and Lecturer, “Bankruptcy Next Exit,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2011).
• Author and Lecturer, “Use of Cash Collateral and DIP Financing,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2010).
• Author and Lecturer, “A Review of Everyday Bankruptcy Practice,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2009). 
• Author and Lecturer, “Avoidance Actions of Chapter 11,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2008). 
• Author and Lecturer, “Dismissal, Abstention, Bad Faith, and Other Reasons for Avoiding Chapter 11 Administration,” Indianapolis Bar Association (May, 2008).
• Author and Lecturer, “Dismissal, Abstention, Bad Faith, and Other Reasons for Avoiding Chapter 11 Administration,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2007). 
• Author and Lecturer, “Recent Developments in Avoidance Actions,” Annual Bankruptcy Institute, Indiana Continuing Education Forum (December, 2004). 

Published Cases

• Board of Trustees, Sheet Metal Workers’ Nat. Pension Fund v. Elite Erectors, Inc., 212 F.3d 1031, C.A.7 (Ind., 2000)
• Massey v. Baker O’Neal Holdings, Inc., 2006 WL 897880 (S.D.Ind., 2006)
• First National Bank & Trust v. Indianapolis Public Housing Agency, No. 34A02-0610-cv-865.

Representative Cases

• Represented Creditor’s Committee in multi-million dollar investment fraud Chapter 11. Supervised forty lawsuits on behalf of Committee and returned millions of dollars to the benefit of the unsecured creditors.
• Represented large concrete manufacturer in defense of multi-million dollar anti-trust class action suit.
• Represented Bank through a loan workout and sale of 200+ convenience store/ wholesale petroleum distributor. Secured Bank’s position through Chapter 11 bankruptcy and liquidation of debtor’s assets. Obtained full recovery for Bank of $23 million.
• Represented minority stockholders in post-merger litigation. Defended stockholders against securities fraud allegations and negotiated buyout of clients’ shares in multi-million dollar transaction.
• Represented Bank in bankruptcy and related litigation involving developer and investors for fraud with over nine million dollars in exposure. Guided Bank through bankruptcy, recovery, and claims against title insurance companies insuring title in companies involved in fraudulent transfers. Pursued multiple borrowers who provided credit to debtor on behalf of Bank.