Henry is a principal at Gray Plant Mooty and focuses his practice in the areas of reorganization and bankruptcy, franchise law, creditor’s rights, and commercial law. He practices throughout the U.S. representing franchisors in all aspects of bankruptcy litigation involving franchisees. Henry also has significant experience representing secured and unsecured creditors in business workouts, preferential transfer litigation, nondischargeability litigation, the claims resolution process, as well as other aspects of bankruptcy litigation in Chapters 7, 11, and 13. He also represents creditors’ committees in complex Chapter 11 cases.
Henry is a frequent presenter at Minnesota Continuing Legal Education seminars and is a staff writer for The GPMemorandum—monthly updates on franchise and distribution law developments from GPM’s Franchise & Distribution practice group. Prior to attending law school, Henry worked for the U.S. Forest Service as a wilderness forest ranger in the Boundary Waters Canoe Area Wilderness as well as for the Minneapolis YMCA.
Experience
- Represented unsecured creditors committees in complex Chapter 11 cases
- Represents franchisors in dealing with franchisee bankruptcy cases, including negotiating the sale of franchised stores and restaurants out of bankruptcy, obtaining relief from the automatic stay, enforcing pre-petition terminations of franchise agreements, and seeking injunctive relief against terminated franchisees
- Represents student loan guarantors in nondischargeability litigation against individuals seeking to discharge their federally guaranteed student loans
- Represents a national money transfer company in nondischargeability litigation involving fraud and defalcation by a fiduciary
- Represents creditors in all aspects of avoidance litigation, typically involving preference litigation and fraudulent transfer litigation
Publications
- “Judgments and Execution,” Debtor-Creditor Handbook, Minnesota State Bar Association, Continuing Legal Education, 2010
- “How to Represent a Creditor’s Committee,” coauthor, Bankruptcy Institute, Minnesota State Bar Association, 2008
- “20-Day Administrative Expense Claims Under 11 U.S.C.§503(b)(9),” Bankruptcy Institute, Minnesota State Bar Association, 2007
Presentations
- “Judgments and Execution,” Minnesota State Bar Association, Continuing Legal Education, 2010
- “Executory Contracts and Real Estate Leases in Chapter 11,” Business Bankruptcy Seminar, Minnesota Continuing Legal Education, 2009
- “How to Represent a Creditor’s Committee,” Minnesota State Bar Association, Bankruptcy Institute, 2008
- “Representing Trade Creditors: BAPCPA and Beyond,” Minnesota State Bar Association, Bankruptcy Institute, 2007
- “A Guide to Preferences in Bankruptcy,” GPM Corporate Counsel Breakfast Seminar, April 2005
Education
- William Mitchell College of Law, J.D., cum laude, 2003
- Northland College, B.S., magna cum laude, 2000
Bar Admissions
- Minnesota Supreme Court
- U.S. District Court, District of Minnesota
- U.S. District Court, Western District of Wisconsin
Professional Activities
- American Bar Association, Forum Committee on Franchising
- American Bankruptcy Institute
- Minnesota State Bar Association, Bankruptcy Bulletin, coeditor, 2006-2008; editorial board, 2003-2005
- Minnesota State Bar Association, Bankruptcy Law Section, chair, 2011-2012; vice chair, 2010-2011; secretary, 2009-2010; treasurer, 2008-2009; education chair, 2007-2008
- Minnesota State Bar Association, Bankruptcy Law Section, Pro Bono Committee, chair
- National Asian Pacific America Bar Association
Honors and Distinctions
- "Minnesota Rising Star," Thomson Reuters, 2008-2011
Community Involvement
- Merrick Community Services, board member