Location: Milwaukee, Wisconsin
Evan Schmit focuses his practice on the litigation needs of business owners in and out of Chapter 11 reorganization, including contract law, employment law, and other areas along with bankruptcy-related litigation. Through his experience, Evan has participated in every stage of civil litigation: investigation, pleading, discovery, pre-trial, trial, settlement and appeal.
Litigation & Bankruptcy Experience
Objections to Creditors Filed Proofs of Claims
Preparation of Debtors Schedules and Statement of Financial Affairs
Preferential and Fraudulent Transfers
Assumption and Rejection of Executory Contracts and Unexpired Leases
Breach of Fiduciary Duty
Aiding & Abetting Breach
Breach of Contract
Betram Communications, LLC v. Netwurx, Inc., (E.D. Wis. 2010) On appeal to District Court, successfully prevented creditor with competing plan from obtaining injunction to Debtor’s confirmed plan and obtained order upholding Bankruptcy Court’s decision to deny creditor’s claim and ultimately dismissing creditor’s appeal of confirmation order.
In re Pro-Pac, Inc, 456 B.R. 894 (Bankr. E.D. Wis. 2011) Assisted in litigating claims against debtor’s former employee for breach of fiduciary duty and against co-defendant who aided and abetted the breach. The court awarded the debtor actual and punitive damages from both defendants.
In re Triad Group, case no. 12-31923,Bankr. E.D. Wis.: Counsel for the debtor, successfully obtained temporary injunction that prevented creditors from pursuing claims against principals and transfer order for over twenty personal injury claims across the nation. Mediated and negotiated positive resolutions with difficult opposing counsel resolving $112.4 million in personal injury claims.
In re Great Lakes Quick Lube, LP, case no. 12-24163, Bankr. E.D. Wis.: Counsel for the committee of unsecured creditors, investigated and oversaw claims litigation process resulting in disallowance of $6 million in unsecured claims against the estate and recovery of $135,000 in estate assets.
Tulsidas Narsinghani and Prem Narsinghani v. GSD Petroleum LLC, case no. 12-0639, Wis. Cir. Ozaukee County: Counsel for the defendant, land contract vendor, in dispute with land contract vendees. Prevailed on motions to dismiss and summary judgment, defendant was awarded $400,000 of principal and interest plus attorney’s fees on counterclaims for breach of contract and specific performance.
Areas of Practice
Bankruptcy and Appellate Litigation
Litigation Outside of Bankruptcy
Bankruptcy – Chapter 11
U.S. District Court Eastern District of Wisconsin, 2009
U.S. District Court Western District of Wisconsin, 2010
U.S. District Court Northern District of Illinois, 2012
U.S. Court of Appeals 7th Circuit, 2012
Marquette University Law School; Milwaukee, Wisconsin
J.D. – 2008
Wabash College; Crawfordsville, Indiana
B.A. – 2005
Sports Condominiums, For the Record, Vol. 18, Number 4, Oct-Dec, 2007
Honors and Awards
Graduation Speaker (elected), 2008 – Present
Member, Marquette Sports Law Review
Professional Associations and Memberships
Milwaukee Bar Association, Inc, Member, 2009 – Present
Milwaukee Young Lawyers Association , Member, 2008 – Present
American Association for Justices , Member, 2011 – Present
Past Employment Positions
GE Healthcare , Contract Attorney
Racine County District Attorney’s office, Contract Attorney