Patricia Fugée

E: Patricia.Fugee@FisherBroyles.com
T: (419) 874-6859
M: (419) 351-0032

Offices:
Cleveland, OH
Columbus, OH
Detroit, MI

Please direct mail and courier deliveries to:
27100 Oakmead Drive, #306
Perrysburg, Ohio 43551

vCard

Patricia Fugée

Practice Areas

  • Bankruptcy & Creditors’ Rights
  • Financial Services & Lending
  • Commercial Transactions
  • Real Estate
  • Commercial Litigation
  • General Civil Litigation
  • Litigation – Appellate
  • Litigation – Civil Pretrial and Trial Services

Bar Admissions

  • Illinois
  • Michigan
  • New Jersey
  • New York
  • Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Western District of New York

Education

  • J.D., with high honors, Rutgers University School of Law at Camden, 1990
  • B.A., Wellesley College, 1986 (mathematics; degree awarded in 3 years)

Large Law Firm Experience

  • Sills Cummis & Gross
  • Roetzel & Andress

Ms. Fugée focuses her practice on commercial bankruptcy, creditors’ rights and business litigation matters in numerous industries, including manufacturing, hotel and hospitality, healthcare and medical facilities, and retail and commercial real estate. She represents parties such as banks and financial institutions, debt buyers, asset buyers, landlords, and trade creditors in various proceedings, including bankruptcy cases, foreclosures, workouts, and receiverships. Her clients have also included bankruptcy trustees, a securities trustee, state and federal receivers, and debtors.

As part of her practice, Ms. Fugée represents clients in the investigation, prosecution and recovery of assets where fraudulent activity is involved, including Ponzi schemes, fraudulent transfers, bankruptcy fraud, bank fraud and similar conduct.

In commercial litigation matters, Ms. Fugée has experience with the Uniform Commercial Code in the areas of secured transactions, sales, and banking (articles 2, 3, 4 and 9), as well as breach of contract matters, lender liability, lien disputes and other commercial disputes.

Ms. Fugée’s practice on the transactional side includes workouts, restructurings, lending, and opinions including enforceability, true lease and substantive non-consolidation.

Ms. Fugée has served as a state court receiver to operate and liquidate an industrial machinery dealer and several manufacturing businesses, and she was appointed as an examiner under the Bankruptcy Code to investigate a manufacturer’s transactions in 2011.

Since 2009, Ms. Fugée has been Board Certified in Creditors’ Rights Law by the American Board of Certification, which is a national organization dedicated to serving the public and improving the quality of the bar.

Representative Matters

  • Sold an operating hotel in a chapter 11 § 363 bankruptcy sale, sold an operating hotel in a federal receivership, and shut down then sold a hotel in a chapter 7 § 363 bankruptcy sale
  • Served as counsel to a SIPA trustee liquidating two securities broker/dealers who had engaged in a long-running Ponzi scheme
  • Restructured $14 million in debt with numerous entities and cross-collateralized obligations
  • Negotiated a cash settlement of a guaranty, combined with consent to a receivership for a housing development
  • Successfully mediated a federal lawsuit brought against out-of-state guarantors who originally denied any liability under the guaranties
  • Prepared enforceability and true lease opinions in complex financing transactions.
  • Served as lead counsel in Chapter 11 retail case, where debtor had over 60 stores in 22 states
  • Successfully prevented a Chapter 7 trustee from pursuing a $250,000 alleged preference claim
  • Guided the successful “stalking horse” bidder through the purchase of assets from a Chapter 11 trustee
  • Represented Chapter 7 trustees in the successful sale of a nursing home and the successful sale of a temporary staffing agency
  • Appointed receiver to conduct the liquidation of a used industrial machinery and equipment dealer, receiver to conduct a “going concern” sale of a machine shop, and receiver to conduct a “going concern” sale of a carpet pad manufacturer
  • Negotiated and drafted numerous forbearance agreements, some of which allow professional management to assess, market and sell businesses
  • Represented state and federal court receivers in the operation and sale of numerous manufacturing companies and service companies

Accomplishments

  • Selected for inclusion in the 23rd Edition of The Best Lawyers  in America© in the practice areas of:  Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy (2017 Edition)
  • Certified in Creditors’ Rights by the American Board of Certification, 2009
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory, since 2005
  • Appointed to the Attorney Constituent Group for the U.S. Bankruptcy Court, Northern District of Ohio, by the Toledo Bar Association (Second Term ending December 31, 2017)
  • Appointed as a Director for the American Board of Certification (Second Term, 2016-2018)
  • Named the Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law “Lawyer of the Year” for Toledo by The Best Lawyers in America® (2016)
  • Appointed examiner by the U.S. Bankruptcy Court for the Northern District of Ohio under section 1104 of the Bankruptcy Code (2011)
  • Named to The Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law (2012-2016) and Litigation – Bankruptcy (2013 – 2016)
  • Named in “Who’s Who in Toledo Area Law” by Toledo Business Journal (2010 – 2015)
  • Selected as an “Ohio Super Lawyer” by Ohio Super Lawyers magazine (2016 and 2017)
  • Selected as an “Ohio Super Lawyers – Rising Star” by Ohio Super Lawyers magazine (2005 & 2006)
  • Law Clerk to the Honorable John W. Bissell, U.S. District Judge (1990-1992)


Professional Affiliations

  • American Bankruptcy Institute (ABI)
  • Turnaround Management Association (TMA)
  • Toledo Bar Association, Board of Directors (2010 & 2011), Bankruptcy Committee, Chair (2007-2009) and Secretary (2006 & 2007), Grievance Committee (2015-current)
  • Michigan Bar Association
  • Ohio State Bar Association
  • New Jersey Bankruptcy Inn of Court, Master and Assistant Program Chair (1997-1998 session)

 

Community Affiliations

  • Zonta Club of Toledo I, President (2012-2013) and Board Member (2010-2012)

 

Publications (Selected)

  • Successful Strategies for Helping Secured and Unsecured Creditor Clients in Chapter 11”, chapter in “Inside the Minds: Creditors’ Rights in Chapter 11 Cases”Aspatore Books, 2016
  • “Why I Became Certified and Why I Want to Stay Certified,” 40 American Bankruptcy Institute Journal, September (2015)
  • “Secured Party Sales: Fraudulent Conveyances?” – American Bankruptcy Institute Commercial Fraud Task Force Committee e-Newsletter (2007)
  • “Some Missing on Fraud in Bankruptcy Cases” – American Bankruptcy Institute Commercial Fraud Task Force Committee e-Newsletter (2006)
  • “Bankruptcy Advice: Adding Value When You Think There Is Nothing Left” – Inside the Minds: Winning Legal Strategies for Bankruptcy Law(2006)
  • Economic Loss, Commercial Reality, and Legal Process: Spring Motors v. Ford Motor Company,” co-author with Professor Jay Feinman, 22 Rutgers L.J. 301 (1991)
  • The Resounding Thunder of Rifle-Shots: Tax Laws for the Individual,” 22 Rutgers L.J. 779 (1991)

 

Presentations (Selected)

  • “The Lawyer as Business Advisor,” American Bankruptcy Institute 23rd Annual Central States Bankruptcy Workshop (2016)
  • “Best Practices: Use of Examiners in Non-Individual Chapter 11 Cases,” Northern District of Ohio Bankruptcy Bench-Bar Retreat (2015)
  • “Bankruptcy’s Implications on Collection Practices” and “Ethics in Collection,” – National Business Institute (2014)
  • “How the Principle of Equality may Help or Hurt Certain Creditors” and “Filing Successful Proofs of Claim – National Business Institute (2014)
  • “Collection Law from Start to Finish” – National Business Institute (2013)
  • “Tenant or Landlord Bankruptcy” – Sterling Education Services, Inc. (2012)
  • “Bankruptcy and Collection in Landlord/Tenant Law” – Sterling Education Services, Inc. (2011)
  • “Bankruptcy Law and Litigation” – National Business Institute (materials only) (2011)
  • “Protecting the Creditors’ Rights During Bankruptcy” – National Business Institute (2010)
  • “Collection Law Tips and Strategies”- National Business Institute (2010)
  • “Creditors’ Rights During Bankruptcy” – The Ohio State Bar Convention (2009) and National Business Institute (2009)
  • “Bankruptcy Litigation and Procedure” – National Business Institute (2008)
  • “Bankruptcy Nuts & Bolts” – Toledo Bar Association Bankruptcy Committee CLE (2007)
  • “Understanding Debtor Responsibilities In Consumer and Business Cases: Providing Electronically Stored Information” – American Bankruptcy Institute, Annual Spring Meeting, Washington, D.C. (2007)
  • “Collection Law from Start to Finish” – National Business Institute (2007)
  • “Collection Law in Ohio: The Good, The Bad and The Profitable” – Lorman Educational Services (2006)
  • “Bankruptcy Law and Procedure from Start to Finish” – National Business Institute (2006)
  • “Consumer and Business Debt Collection: Resolve Debts Quickly and Easily” – National Business Institute (2006)
  • “Electronic Discovery Rule Changes and Fraud Investigations” – American Bankruptcy Institute, Annual Spring Meeting, Washington, D.C. (2006)