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Cheryl Kelly

Partner

St. Louis
314 552 6167 direct
314 552 7167 fax

Cheryl represents lenders and obligors in complex finance transactions, loan restructurings, and bankruptcy, receivership, foreclosure and other proceedings involving creditor-debtor relations. She additionally represents sellers and buyers in asset transfers (including sales and purchases of loans and real estate) and handles a variety of other commercial law matters.

Cheryl is a fellow of the American College of Real Estate Attorneys and the American College of Mortgage Attorneys. Cheryl is included in The Best Lawyers in America® (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Real Estate Law). She is a Missouri & Kansas Super Lawyer, featured in the Missouri & Kansas Super Lawyers Corporate Counsel Edition and the Missouri & Kansas Super Lawyers Business Edition, and often designated a "Top 50 Woman Attorney".

Transactions and Enforcement Matters

Representative transactions and enforcement matters available upon request.

TCLEs

The Big Bang: When the Worlds of Energy Law and Bankruptcy Law Collide

Seven Things You Should Know About the Missouri Commercial Receivership Act

Bankruptcy 101: Bankruptcy Basics

Blogs

7 things you should know about the new Missouri Commercial Receivership Act

New Missouri law bans local efforts to mandate foreclosure mediation

Publications

Real Property Articles Editor,
American Bar Association Real Property, Trust and Estate Law Section’s Online Journal ("eReport"); and predecessor publication, 1999-Present

Editor, American Bar Association Real Property, Trust and Estate Law Section's Manual on Foreclosure Law & Related Remedies in the 50 States;
(Second Edition published in 2009-10)

Editor, Courts and CLE Bulletin of The Missouri Bar (E.D. Mo. Appellate Commercial Cases),
1996-2006

Contributor to Article (form escrow agreement), "Mortgage Workouts: Deeds in Escrow";
Real Property, Probate & Trust Journal, Summer 2006

Author, "Bankruptcy Reform Act provisions of interest to real estate practitioners";
New Mexico Bar Seminar, December 1, 2006

Co-Author and Panelist, "Missouri Foreclosure and Repossession" (including coverage of the impact of bankruptcy and the secured creditor);
NBI Seminar, St. Louis, MO, June 15, 1993

Co-Presenter and Author, "Summary of the Key Changes to the Bankruptcy Code Resulting From Passage of the Bankruptcy Reform Act of 1994", Thompson Mitchell Annual Financial Services Event,
December 9, 1994

Co-Author, "Representing the Unsecured Creditor in the Shadow and Darkness of Bankruptcy";
The Journal for the Bar Association of Metropolitan St. Louis, Spring 1995

Co-Author, "The Bankruptcy Reform Act of 1994";
The Missouri Business Law Quarterly, Winter 1995

Editor,
Missouri Bar Deskbook Chapter on Foreclosure, 2019

Editor,
Missouri Chapter of the American College of Mortgage Attorneys Mortgage Law Summary, 2019

List of written work is representative and not exhaustive.

Presentations

Speaker and author, "Maintaining Boundaries in Opinion Practice";
University of Texas at Austin Annual Renewable Energy Conference (by invitation with Marilyn Maloney), January 28, 2020

Panelist and author, "Basics of Opinion Practice";
American Bar Association Real Property, Trust and Estate Law Section Webinar, October 10, 2019

Panelist and author, "UCC Opinions";
American College of Mortgage Attorneys Annual Meeting, Monterey, CA, September 2019

Panelist and author, "The Big Bang: When Energy Law and Bankruptcy Law Collide" (with focus on Section 365 and certain other provisions of the Bankruptcy Code);
Thompson Coburn LLP, Webinar, July 29, 2019

Panelist and author, "Basics of Opinion Practice";
American Bar Association Real Property, Trust and Estate Law Section National Spring CLE Conference, Boston, MA, May 2019

Panelist and author, "Recent Developments in Chapter 11" (with a focus on developments relating to cannabis);
Missouri Bankruptcy Institute, March 2019

Panelist and author, "Retail Bankruptcy Strategic Options";
American College of Mortgage Attorneys 2018 Annual Meeting, Tucson, AZ, October 12, 2018

Moderator and program planner, "Construction Lending";
The Risk Management Association, May 31, 2018

Panelist and author, "Legal Opinions - How They Help Make the Deal Happen";
American Bar Association Real Property, Trust & Estate Law Section, Webinar, May 16, 2018

Panelist and author, "Building a National Consensus: The Statement of Opinion Practices and What It Means to the Real Estate Lawyer";
American Bar Association Section of Real Property, Trust and Estate Law Spring Symposia, Denver, CO, April 20, 2017

Panelist and author, "'Tis Better to Give It To A Real Estate Receiver: The Uniform Commercial Real Estate Receivership Act";
ABA Business Law Section Spring Meeting, New Orleans, LA, April 2017

Panelist and author, "The New Missouri Commercial Receivership Act";
Missouri Bankers Association Bank Legal Issues Conference, October 2016

Panelist and author, "Current Bankruptcy-Related Issues of Interest to Mortgage Lenders, Brokers and Servicers";
American College of Mortgage Attorneys Fall Meeting, Newport Beach, CA, September 2016

Panelist and author, "Seven Things You Should Know About the New Missouri Commercial Receivership Act";
Thompson Coburn LLP, Webinar, June 14, 2016

Speaker and author, "Trends in Commercial Loan Documentation";
The Risk Management Association, May 5, 2016

Panelist and author, "Bankruptcy and Alternatives to Bankruptcy";
Presentation to Thompson Coburn attorneys, February 2015

Panelist and author, "Hot Topics in Lending - Recent Court Decisions and Regulatory Changes";
The Risk Management Association, 2015

Panelist and author, "Alternatives to Bankruptcy, Focusing on Mortgage Loan Workouts";
Presentation to Thompson Coburn attorneys, October 2014

Panelist and author, "Caveat Carveouts: Lessons in the Structure, Enforcement and Negotiation of Non-Recourse Carveout Guaranties";
Fall Meeting American College of Mortgage Attorneys, September 20, 2014

Panelist and author, "Bankruptcy 101";
Thompson Coburn, LLP, Webinar, August 2014

Panelist and author, "Overview of Commercial Lending, Guaranties, and Recent Defenses";
On-Site Client Presentation, January 15, 2014

Panelist and author, "Third Party Legal Opinions";
Presentation to Thompson Coburn attorneys, August 2013

Panelist and author, "Commercial Real Estate Defaults, Workouts, and Reorganizations";
American Law Institute, Washington, D.C., June 4-6, 2013

Panelist and author, "Dealing with the Desperate Debtor – Emerging Theories of Lender Liability";
The Risk Management Association, January 2012

Speaker and author, "Recent Developments in Creditors’ Rights Issues Relevant to Real Estate Attorneys";
Bar Association of St. Louis, June 2012

Moderator and program planner, "The Changing Face of Real Estate Acquisitions";
American College of Real Estate Lawyers Spring Meeting, Tucson, AZ, March 2011

Panelist and author, "Acquisition, Bankruptcy and Tax Considerations in Distressed Asset Purchases";
American Bar Association Annual Meeting, San Francisco, CA, August 8, 2010

Speaker and author, "Commercial Loan Workouts";
Practising Law Institute Program, Gleacher Center, University of Chicago, March 26, 2010

Program planner, panelist and author, "Dilemmas Dealing with Deposits, Disbursements, Escrows, and Exchange";
Nationally broadcast joint program sponsored by American College of Real Estate Lawyers, American College of Mortgage Attorneys, and American Bar Association Real Property Section, February 23, 2009

Speaker and author, "Commercial Loan Workouts";
Practising Law Institute Program, Gleacher Center, University of Chicago, November 4, 2008

Program planner and moderator, "Bankruptcy Issues of Relevance";
Nationally broadcast E-CLE sponsored by the American Bar Association Real Property, Trust and Estate Law Section, October 23, 2008

Panelist and author, "Tranche Warfare: Waivers of Bankruptcy";
American College of Real Estate Lawyers Fall Meeting, San Francisco, CA, October 25, 2008

Speaker and author, "Alternatives to Bankruptcy";
Missouri Bankers Association, Columbia, MO, October 23, 2008

Panelist and author, "Contingent Guaranties, and Recent Case Law Developments Relating to Section 363 Sales";
American College of Real Estate Lawyers Webinar, June 19, 2008

Panelist and author, "Opinion Issues Arising in an Assumption, Modification or Defeasance";
American Bar Association, Real Property, Trust and Estate Law Section, Spring Meeting, Washington D.C., April 30, 2008

Panelist and author, "Bankruptcy Remote Techniques";
American College of Real Estate Lawyers, Fall Meeting, Miami, FL, October 27, 2007

Speaker and author, "Deeds in Escrow";
American College of Mortgage Attorneys Fall Meeting, Los Angeles, CA, October 20, 2006

Speaker and Author, "Advanced Real Estate Law" (Focus on Finance Transactions);
NBI Seminar, Sheraton Hotel, St. Louis, MO, May 17, 2006

List of presentations is representative and not exhaustive.