James M. Liston

James M. Liston primarily represents creditors in helping them obtain payment in workouts and debt restructurings, and in state court and federal bankruptcy court proceedings where they are competing against other creditors for limited assets.

Jim also represents bankruptcy trustees and creditors’ committees in recovering assets that should have been available to pay creditors but which were transferred during or before bankruptcy. His clients include banks, hedge funds, leasing and finance companies, commercial landlords, businesses, bankruptcy fiduciaries, and government entities seeking to recover sums owed to them. Jim has also served as a state court receiver and represented creditors in receiverships. He has represented clients in state and federal courts throughout New England and in bankruptcy courts throughout the United States.

With forty years of experience, Jim is expert in finding ways for his clients to recover on their claims when they are competing against other creditors for limited assets of a borrower/obligor. He is also expert in advising his clients on avoiding missteps that will delay their recovery and/or result in the clients incurring liability in the claim recovery process.

Important and Recent Decisions

• In re Mi-Lor Corp., 348 F.3d 294 (1st Cir. 2003)
• Lassman v. Tosi, 383 B.R. 1 (Bankr. D. Mass. 2008)
• In re Peirce, 483 B.R. 368 (Bankr. D. Mass 2012)
• In re Old Colony, LLC, 476 B.R. 1 (Bankr. D. Mass. 2012)
• Lassman v. Spalt, 593 B.R. 69 (Bankr. D. Mass. 2018)
• Canaimex, Inc. v. Nickless, 2019 WL 7165930 (B.A.P. 1st Cir. 2019)
• Butler v. Bateman, 397 F.Supp.3d 113 (D. Mass. 2019)

Jim has written numerous articles and lectured extensively on bankruptcy, commercial fraud, foreclosure and creditors’ rights issues

• Law clerk to Thomas W. Lawless, Bankruptcy Judge for the United States Bankruptcy Court for the District of Massachusetts (1981-1982)

• Massachusetts “Super Lawyer” for twenty consecutive years between 2004 and 2023.