David Ferguson has a national practice representing banks, CMBS special servicers, debtors-in-possession, and creditor committees across the United States in bankruptcy cases. His practice has focused for more than 30 years on creditors’ rights, Chapter 11 bankruptcy, and commercial litigation, including representation of a multi-national retailer in bankruptcy disputes and claims litigation. In recent years, David has advocated for banks and special servicers on a wide array of issues, including loan enforcement, workouts, lender liability defense, prosecution of fraud actions against borrowers, bankruptcy stay relief and other matters in the bankruptcy courts.
In addition to representing banks and special servicers in bankruptcy matters, David represents a broad range of other constituencies in Chapter 11, advising corporate debtors, Chapter 7 trustees, creditors’ committees, lessors, and business acquirers.
Education
- University of Missouri (J.D., 1990)
- Truman State University (B.S., 1987)
Bar Admission
- Kansas, 1991
- Missouri, 1990
- New York, 2009
Court Admissions
- U.S. Court of Appeals, Eighth Circuit, 2006
- U.S. District Court, Northern District of Illinois, 2008
- U.S. District Court, Southern District of New York, 2009
- U.S. District Court, Eastern District of New York, 2009
Professional Affiliations
- American Bar Association
- Business Law Section
- American Bankruptcy Institute
- Kansas City Bankruptcy Bar Association
- The Missouri Bar
- Mortgage Bankers Association
- The New York Bar
- The United States District Court for the Northern District of Illinois Bar
- Turnaround Management Association
Recognition
- Selected for inclusion in Missouri Lawyers Media's POWER List for Bankruptcy Law 2021
- Selected for inclusion in Best Lawyers in America® for:
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2022-2026
- Litigation - Bankruptcy, 2022-2026
- Co-author of The Devil’s Dictionary of Bankruptcy Terms for Commercial Lenders
- Frequent lecturer on bankruptcy issues, covering topics such as lenders’ rights in Chapter 11, avoidance actions, and the rights of real estate lessors, as well as presentations on identification and prevention of commercial mortgage loan fraud.
