Michael E. DiRienzo

Experience

• Industries Commonly Served: Construction, Education, Healthcare, Municipalities and Government
• Construction: Achieves cost and performance objectives in commercial, industrial, higher education, and healthcare projects by negotiating effective contracts to efficiently address delegation of responsibilities, indemnification, obligations, and dispute resolution methods.
• Collections and Creditors’ Rights: Successfully collected millions of dollars in unpaid invoices for healthcare providers, automobile dealers, commercial and residential landlords, construction companies and other small business clients. Achieved successful settlements of preference claims brought by trustees and debtors-in-possession in federal bankruptcy courts in Indiana, Illinois, Kentucky, and Michigan, helping our clients keep more of the money paid to them by customers. Assisted secured lenders in replevin and foreclosure litigation involving vehicles, inventory, equipment, real estate and other assets.
• Forfeitures: Represents local prosecutors in achieving successful forfeiture of money, vehicles and other assets seized from criminal defendants for drug-related offenses.
• Environmental Cost Recovery: Provided creative defense and settlement solutions to allow clients to minimize exposure to costly damages in CERCLA and ELA actions.
• Environmental Litigation: Assisted clients in recovering funding to accomplish environmental remediation through litigation against historic sources of contamination of residential and commercial real estate.

Published Cases

• Church of the Brethren v. Roann Church of the Brethren, Inc., 20 N.E.3d 906 (Ind. Ct. App. 2014). Whether a denomination was entitled to property of a congregation that broke away.
• Presbytery of Ohio Valley, Inc. v. OPC, Inc., 940 N.E.2d 1188 (Ind. Ct. App. 2010). Whether a congregation had any right, title, or interest in church property on which it was situated. Vacated by 950 N.E.2nd 1210, (May 26, 2011) on transfer
• Canteen Service Co. of Indianapolis v. Ind. Dept. of Trans., 932 N.E.2d 749 (Ind. Ct. App. 2010). Property owner’s inverse condemnation action against INDOT.
• In re Willett, 544 F.3d 787 (7th Cir. 2008). When debtors moved to avoid judgment creditor’s lien, their interest in the property should have been valued at the fair market value of their fee simple interest at the time it was recorded, and should not have been based upon the interest debtors held when they filed their petition.

Publications

• “SCOTUS Clarifies ‘Actual Fraud’ Bankruptcy Exception; Companies Should Take Utmost Care in Managing Assets,” Article Published on KDDK.com, Author (May 2016)
• “Get the Dirt on Soil, Air and Water: Recent Developments in Environmental Law,”  Kahn, Dees, Donovan & Kahn Seminar, Presenter (May 2016)
• “Federal Housing Department Issues New Guidance Limiting Use of Criminal Records,” Article Published on KDDK.com, Author (April 2016)
• “Residential Landlord-Tenant Law,” Sterling Education Services Seminar, Presenter (March 2016)
• “Common Ethics Violations,” Brooks American Inn of Court, Presenter (January 2016)
• “Due Diligence in Real Estate Transactions,” Evansville Bar Association Seminar, Presenter (December 2015)
• “Importance of Neutral Campus Speech Zone Policies,” Article Published on KDDK.com, Author (September 2015)
• “Legal Updates Regarding Land Development” and “Commercial Property Purchase and Lease,”  Kahn, Dees, Donovan & Kahn Seminar, Presenter (May 2015)
• “Termination of Bankrupt Member’s Interest in LLC Violates Automatic Stay,” Article Published on KDDK.com, Author (May 2015)
• “Statistics Show Decline in Local Bankruptcy Filings,” Article Published on KDDK.com, Author (April 2014)
• “U.S. Supreme Court Rules Against Government in Rails-to-Trails Case,”Article Published on KDDK.com, Author (March 2014)
• “Ethics of Dealing with Pro Se Litigants,” Brooks American Inn of Court Seminar, Presenter (February 2014)
• “Avoiding the Environmental Nightmare: Environmental Due Diligence and New Phase I,” Evansville Bar Association Seminar, Presenter (December 2013)
• “EPA’s Regulatory Vise Grip: Protecting Your Business from Aggressive Enforcement Actions” KDDK Seminar, Presenter (August 2013)
• “Importance of Limited Release in Environmental Coverage Dispute,” Article Published on KDDK.com, Author (June 2013)
• “Indiana Tax Sale Notice Statute Ruled Unconstitutional,” Article Published on KDDK.com, Author (July 2012)
• “Small Claims and Enforcement of Collection Judgments,” Evansville Bar Association Seminar, Presenter (March 2008)
• “Fundamentals of Landlord-Tenant Law,” Sterling Education Services Seminar, Presenter (November 2008)
• “Environmental Legal Update,” Evansville Chamber of Commerce Seminar, Presenter (September 2005)

Professional Affiliations

• Evansville Bar Association: Board of Directors (2009-2011), CLE Committee (2001-present), Commercial Law Section (2001-present, current chair, past co-chair), Real Estate Section (2001-present, past chair)
• Indiana State Bar Association: Bankruptcy and Creditors’ Rights Section
• National Association of College and University Attorneys
• Brooks American Inn of Court
• Illinois Oil and Gas Association
• Indiana Licensed Real Estate Instructor

Civic Affiliations

• St. Vincent Center for Children and Families: Board of Trustees, Chair
• Youth Resources Teen Court: Volunteer Attorney, Judge
• Student Financial Aid Association: Treasurer
• Leadership Evansville: Program Alumnus
• United Neighborhoods of Evansville