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Andre D. Bouffard

Chair - Bankruptcy & Business Restructuring, Director - Burlington
Andre Bouffard

Practice Areas

  • Bankruptcy and business restructuring
  • Creditors' rights and insolvency litigation
  • Fiduciary litigation
  • Business litigation

Education


    University of Maine School of Law
    (J.D., cum laude, 1986)
    Executive Editor, Maine Law Review

    St. Lawrence University
    (B.A., cum laude, 1981)
    Phi Beta Kappa

Bar Admissions


    Vermont (1986)

    U.S. District Court, District of Vermont (1988)

    U.S. Court of Appeals, Second Circuit (2002)

     

Certifications


    American Board of Certification:
    Creditors' Rights Law Specialist
     

     


Memberships


    Vermont Bar Association:
    Bankruptcy Committee

    Chittenden County Bar Association

    American Bar Association:
    Commercial & Business Litigation Section

    American Bankruptcy Institute

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Practice Focus


For more than 20 years, Andre Bouffard has helped local, national and international business clients and creditors resolve complex financial disputes both in court and outside of court.

Andre has wide experience advising corporate clients and lenders on out-of-court loan restructurings, loan workouts and disposition of distressed assets. He represents clients in complex foreclosures, receiverships, loan enforcement litigation, intercreditor disputes and lender liability defense.

Andre’s clients include financial institutions and investment managers involved in probate and fiduciary litigation matters, as well as businesses with complicated contract and business tort disputes.

Reported Cases


In re Ambassador Ins. Co., Inc., 2008 Vt., 105 (2008) (insurer insolvency litigation)

Monahan v. GMAC Mortgage Corp., 179 Vt. 167, 893 A.2d 298 (2005) (lender liability defense)

Myers v. LaCasse, 176 Vt. 29, 838 A.2d 50 (2003) (easement litigation)

Dulude v.Fletcher Allen Health Care, Inc., 174 Vt. 74, 807 A.2d 390 (2002) (wrongful discharge defense)

Southface Condo. Owners Ass’n., Inc. v. Southface Condo. Ass’n., Inc., 169 Vt. 243, 733 A.2d 55 (1999) (lender liability defense)

In re Liquidation of Home Ins. Co.,154 N.H. 472, 913 A.2d 712 (2006) (insurer insolvency)

In re Housecraft Industries USA, Inc., 310 F.3d 64 (2d Cir. 2002) (commercial bankruptcy litigation)

In re LaVictoire Drilling & Blasting, Inc., 2005 WL 1563439 (Bankr. D. Vt. 2005) (intercreditor lien priority litigation)

In re Stockwell, 262 B.R. 275 (Bankr. D. Vt. 2001) (bankruptcy automatic stay litigation)

In re SLM Intern., Inc., 248 B.R. 240 (Bankr. D. Del. 2000) (bankruptcy claims litigation)

Glinka v. Abraham and Rose, Ltd., 199 B.R. 484 (D. Vt. 1996) (fraudulent transfer)

Bagdan v. Sony Corp., 767 F. Supp. 81 (D. Vt. 1991) (breach of contract)

Professional Activities


Andre frequently lectures to business and professional organizations on creditors’ rights and insolvency issues.

Andre was selected by his peers for recognition in The Best Lawyers in America 2011 for his bankruptcy and creditor-debtor rights law practice.

Community Involvement


Andre serves on the board of directors of Mobius, The Mentoring Movement. 

Publications/Presentations


“Heavy Traffic at the Intersection of Mortgage Foreclosure and Bankruptcy Law,” Vermont Bar Association Journal (Spring 2006) [cited in In re: Willette, 2008 WL 4616887 (No. 07-10593) (Bankr. D. Vt. 10/17/08)]

“Emerging Protection against Retaliatory Discharge: A Public Policy Exception to the Employment At-Will Doctrine in Maine,” Maine Law Review (1986)

“State v. Durepo: Toward a Principled Maine Version of the Impeachment Exception to the Exclusionary Rule,” Maine Law Review (1985)

“Legislature Restricts Strict Foreclosure to Save It from Bankruptcy Demise,” Lender Update: Vermont Legal Issues for Banks and Other Lenders (May 2006)

“Strict Foreclosure Titles Vulnerable to Bankruptcy Attack,” Lender Update: Vermont Legal Issues for Banks and Other Lenders (September 2005)

“Borrower Privacy Policies Can Weaken Or Destroy Value Of Customer Lists as Collateral,” DRM Lender Update (April 2002)

"Surviving the Transition to Revised Article 9," Lender Update: Vermont Legal Issues for Banks and Other Lenders (June 2001)

"Vermont Statute Permitting Summary Eviction of Tenants in Foreclosed Property Held Unconstitutional," Lender Update: Vermont Legal Issues for Banks and Other Lenders (March 2000)

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