Dave Cisar chairs the Banking and Commercial Finance Section of von Briesen & Roper, s.c. He draws on his 35 years of experience to counsel businesses on governance, financing, contracting, real estate, acquisitions and strategic planning.
Dave has a strong focus on the Uniform Commercial Code (“UCC”) and represents financial institutions and businesses in all aspects of commercial finance and other commercial transactions including terms and conditions of sales, commercial loan agreements, inter-creditor agreements, participation agreements, syndicated loans, asset-based lending and other financing transactions. He has extensive experience with and frequently represents creditors in workouts, foreclosures, bankruptcy, creditors’ rights and related commercial (including UCC) litigation. He was active in the review of and in promoting the enactment in Wisconsin of numerous statutory revisions to the UCC, including UCC Revised Article 9 (2000), and the more recent enactment in Wisconsin of the 2010 amendments to UCC Article 9. He testified before state legislators with regard to passage of Revised Article 9 of the UCC and the repeal of UCC Article 6 (bulk sales) in Wisconsin. He authored the chapter, “Documents of Title and UCC Article 7” in the State Bar of Wisconsin publication, “Commercial and Consumer Transactions in Wisconsin.”
He is recognized in The Best Lawyers in America® for Banking and Finance Law, Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, and Litigation – Bankruptcy. He is also listed in Wisconsin Super Lawyers® in the Bankruptcy & Creditor/Debtor Rights field. Dave is board certified in Creditor’s Rights Law by the American Board of Certification.
Dave is a member of the Milwaukee and American Bar Associations (Business Section: Commercial Finance and UCC Committees), the State Bar of Wisconsin (Director, Business Law Section 2002-2008) and American Bankruptcy Institute. He is a member of the Board of Directors of the Alumni Association for Ripon College.
He is a frequent author on UCC law, banking, bankruptcy and creditors’ rights:
- “Administrative Expense Priority of Post-Petition Lease Payments” ABI Journal, Feb. 2019
- “Emerging Issues: Residential PACE Loans and Bankruptcy” ABI Journal, Feb. 2018
- “Is Dewsnup Unravelling Due to Lien-Stripping Cases under § 1322(b)(2)?” ABI Journal, Feb. 2017
- “Use It or Lose It? Priority Disputes Over Deposit Accounts” ABI Journal, Feb. 2016
- “Post-Petition Application of Payments from Rent Collateral” ABI Journal, Feb. 2015
- “Applying § 362(d)(4)(A) to the Collapsed Debtor” ABI Journal, Feb. 2014
- “No Second Chances: Serial Filing Effectively Prohibited in Small Business Chapter 11s” ABI Journal, Feb. 2011
- “Withdrawing the Reference and its Strategic Application in Bankruptcy Litigation” ABI Journal, Feb. 2009
- “Secured Letters of Credit and the §502(b)(6) Cap on Lease Rejection Damages” ABI Journal, Feb. 2005.
- “Exclusive and Non-Exclusive IP Licenses and Executory Contract Assumption and Assignment: Does Exclusivity Matter?” ABI Journal, Feb. 2003
- “WARN Act Pre-emption Helps Secured Creditors” ABI Journal, Feb. 2000
- “The Enforceability of Dragnet Clauses” ABI Journal, Feb. 1999
- “The Floating Lien on Inventory and Accounts and the Improvement in Position Test: How Safe Is the §547 (C) (5) Safe Harbor?” ABI Journal, Dec./Jan. 1998.