Jay L. Welford

Jay L. Welford is a senior partner in the Detroit, Michigan law firm of Jaffe, Raitt, Heuer & Weiss, P.C. Jaffe is a full service, 104 attorney corporate firm. Jay received his BBA degree from the University of Michigan in 1979 and his law degree from Wayne State University School of Law in 1982. Jay specializes in the areas of corporate and construction law, corporate restructuring, leasing and franchising law. He is a frequent lecturer on for such organizations as the Commercial Law League of America, the American Bankruptcy Institute, Law Education Institute, the Equipment Leasing and Finance Association and the National Business Institute. He has also authored numerous articles.

Over the years, Jay has also developed a sophisticated corporate practice, under which he provides a variety of general corporate and litigation assistance to clients in a variety of industries, including banking, construction, manufacturing, trucking, service and leasing. Jay has specific expertise in franchising law, including the development of franchise systems. Jay also has assisted a variety of clients in the formation of joint ventures, including joint ventures seeking minority certification.

Testimony before the National Bankruptcy Review Commission, Washington, D.C., February 20, 1997; before the National Bankruptcy Review Commission, Washington, D.C., May 14, 1997; before the Administrative Office of the U.S. Courts, Advisory Committee on Bankruptcy Rules, Washington, D.C. January 28, 1999; before the House and Senate Conference Committee on HR 3150, Washington, D.C., September 29, 1998; before the Deputy Economic Advisor to the President Regarding HR 3150, September 29, 1998.

Bar Admissions

  • Michigan

Honors & Awards

  • 2013 Recipient of the President’s Cup, awarded by the Commercial Law League of America for outstanding service, excellence in professional conduct and demonstrating the highest levels of ethical, moral and civic responsibility
  • Michigan Super Lawyer, 2006-2017
  • Best Lawyers in America, 2005-2018
  • Martindale Hubbell® rated “AV Preeminent”
  • Chambers USA Best Lawyer, 2007
  • dbusiness Top Lawyers, 2011-2014

Professional Associations & Memberships

  • International Franchise Association - Member
  • American Bar Association—Member
  • American Bankruptcy Institute—Member
  • State Bar of Michigan Creditors Rights Committee—Member>
  • Commercial Law League of America Bankruptcy and Insolvency Section—Past-President and Past-Chair of the Legislative Committee
  • Detroit Bar Association—Member
  • Equipment Leasing Association—Member and Past Member of the Legal Committee
  • Non-Profit President, ALS of Michigan 2010 - present

Seminars & Lecturers

    Oakland University, Division of Continuing Education, CPA Weekend, Corporate Reorganizations Under Chapter 11 of the Bankruptcy Code: The Role of the Accountant for the Chapter 11 Debtor (June 8, 1985; June 6, 1987); National Business Institute, Creditor Rights and Protection of Security Interests in Bankruptcy (August 2, 1985); Professional Education Systems, Inc., Bankruptcy Litigation & Practice in Michigan (April 29, 1987); Midwestern Regional Conference of the Commercial Law League of America, How to Collect the Uncollectable - Recovery of Fraudulent Conveyances Under the Bankruptcy Code and Under the Uniform Laws (March 22, 1988); 69th Eastern Regional Meeting of the Commercial Law League of America, Guarantor Liability - Issues Arising Under the Bankruptcy Code and Regulations B and Z(November 17, 1989); Midwest Regional Conference of the Commercial Law League of America, Negotiating Cash Collateral and Interim Financing Orders -- The Unsecured Creditors vs. The Secured Lender (April 11, 1992); Midwest Regional Conference of the Commercial Law League of America, The Use of Experts in Chapter 11 Proceedings (March 26, 1993); First Annual Bankruptcy Law Update (Law Education Institute and The Bureau of National Affairs), Guarantor Liability - Issues Arising Under the Bankruptcy Code (January 11, 1994); 75th Regional Meeting of the Commercial Law League of America, What the Bankruptcy Review Commission Should Consider (November 17, 1995); 77th Regional Meeting of the Commercial Law League of America, Overview of the National Bankruptcy Review Commission’s Official Report (November 21,1997); 1999 National CLE Conference, Bankruptcy Law, Enforcement of Pre-petition Liens in Bankruptcy (January 12, 1999); Midwestern/Southern Meeting of the Commercial Law League of America, Hidden Liens and Priorities(March 4, 2000); 2001 National CLE Conference, Bankruptcy Law, Hidden Liens and Priorities (January 10, 2001); American Bankruptcy Institute Central States Bankruptcy Conference, New UCC Article 9— It’s Here and You Cannot Avoid It Any Longer(June 8, 2001) Michigan Association of Certified Public Accountants, The Role of the Accountant in Assisting the Troubled Business In and Out of Bankruptcy(April 29, 2003); Midwest Regional Meeting of the Commercial Law League of America, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (April 8, 2005); Cleveland Bar Association, Bankruptcy Reform: understanding the 2005 Amendments to the Bankruptcy Code, Small Business, Bankruptcy Data, Bankruptcy Tax and Health Care Provisions, Cleveland, Ohio (May 20, 2005); Business Bankruptcy Practice Under the New Code, Telephonic Seminars Sponsored by the Commercial Law League of America, (May 25, 2005 and June 22, 2005); New Bankruptcy Code Seminar, Business Bankruptcy Provisions, Cobo Center, Detroit, Michigan (June 3, 2005); Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan, Small Business Bankruptcy Provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (August 24, 2005); American Bankruptcy Institute Winter Leadership Conference, Early Implementation Issues Arising Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (December 2, 2005); National Constitution Center, Business Bankruptcy: Aligning Your Practice With the New Bankruptcy Code Amendments (March 7, 2006); Equipment Leasing Association-Legal Forum, Bankruptcy Update: Bankruptcy Abuse Prevention and Consumer Protection Act (May 1, 2006); Equipment Leasing Association Legal Forum, Negotiate or Litigate-A Roundtable Discussion (May, 2006); Debtor/Creditor Rights Committee, Business Law Section, State Bar of Michigan, BAPCPA: One Year Later, Small Business Bankruptcy Provisions (October 9, 2006); Equipment Leasing Association Legal Forum, Navigating the Chapter 11 (May 7, 2007); 25th Annual National CLE Conference on Bankruptcy Law, Trade Creditor New Status (or Not) Section 503(b)(9), Reclamation and Related Issues; Equipment Leasing Association Legal Forum, Hidden Liens (April, 2008); .Equipment Leasing Association Legal Forum, The Anatomy of a Forbearance Agreement (April, 2008); Commercial Law League of America, Structuring Asset Sales In and Out of Bankruptcy (November, 2008); 26th Annual CLE Conference on Bankruptcy Law, Hidden Liens and Other Traps for the Unwary (January, 2009); 27th Annual CLE Conference on Bankruptcy Law, The Practical Guide to Chapter 11 Administrative, Priority and Reclamation Claims (January, 2010); Lease Enforcement Attorney Network Webinar, Current Issues for Lessors and Lenders (January, 2012); Commercial Law League of America, Facilitator, Traps for the Unwary in the Courtroom (November, 2012); Commercial Law League of America, Current Issues in Creditors’ Committee Representation (April, 2014); Commercial Law League of America, Hidden Liens and Priorities (April, 2015); Commercial Law League of America, Hidden Assets in Consumer and Business Bankruptcy Cases (April, 2016).

    Publications

      Co-Author: The Bankruptcy Amendments and Federal Judgeship Act of 1984, 63 Michigan Bar Journal 775, 1984; Co-Author:The Effect of the Bankruptcy Amendments and Federal Judgeship Act of 1984 on the Real Estate Practitioner, 11 Michigan Real Property Law Review No. 3 (Fall, 1984); Co-Author:Treatment of Land Contracts in Bankruptcy - Executory Contracts or Liens, 11 Michigan Real Property Law Review No. 4 (Winter, 1984); Co-Author:Charting the Way to Perfecting Post-Petition Construction Liens, The Bankruptcy Strategist, Volume III, Number 4, February, 1986; Co-Author:Creditors' Committee: Right to Initiate Suits, The Bankruptcy Strategist, Volume III, Number 10, August, 1986; Co-Author:Lost Opportunity Costs Denied by Fifth Circuit, The Bankruptcy Strategist, Volume III, Number 12, October, 1986; Author:An Overview of the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986, 13 Michigan Real Property Review No. 4 (Winter, 1986); Author:Undersecured Creditor Denied Interest, Lost Opportunity Costs, The Bankruptcy Strategist, Volume IV, Number 7, May, 1987; Author:Unpaid Administrative Claimant's Ability to Obtain a Surcharge, The Bankruptcy Strategist, Volume V, Number 1, November, 1987; Co-Author:WARN Poses Hurdle for Distressed Firms, The Bankruptcy Strategist, Volume VIII, November, 11, October, 1989; Co-Author:503(b)(9) Claimants—The New Constituent, a/k/a “The 500 Pound Gorilla” at the Table, De Paul Business & Commercial Law Journal, Spring, 2007. Co-Author:503(b)(9) Claimants—The New Constituent at the Table, Business Credit (a publication of the National Association of Credit Management), May, 2007; Author:A Lessor’s Walk Down the Bankruptcy Aisle, Equipment Leasing Today, February, 2007;Author:Saving Graces—Ten Steps to Preserve and Improve Forbearance Programs, Equipment Leasing Today, March, 2008; Co-Author:503(b)(9) Claimants—The New Constituent, a/k/a “The 500 Pound Gorilla” at the Table, The Michigan Business Law Journal, Spring, 2008; Author:Consent Judgment or Default Judgment, It Makes a Difference, Commercial Law League of America Newsletter, January, 2013;Author:Think Long and Hard Before You Sign Your Client’s Proof of Claim Form, Commercial Law League of America Newsletter, January, 2014; Author:Think Long and Hard Before You Sign Your Client’s Proof of Claim Form, American Bankruptcy Institute Unsecured Trade Creditors Newsletter, March, 2014; Co-Author:Representing the Creditors: Committee—A Guide for Practitioners, ABI Unsecured Trade Creditors Committee, April, 2016.