Zachary J. Rosencrance

Attorney Zachary J. Rosencrance focuses his practice on commercial litigation and bankruptcy matters. He leads the firm's Financial Services Litigation team.

Zack frequently represents financial institutions, corporate entities, business owners and individuals. His litigation experience includes cases involving the West Virginia Consumer Credit and Protection Act (WVCCPA), the Uniform Commercial Code (UCC), and various business-related disputes. Zack also routinely represents secured and unsecured creditors in bankruptcy cases and has assisted clients with purchasing distressed assets arising out of bankruptcy cases.  Though he practices from the firm’s Charleston, West Virginia office, Zack routinely represents clients throughout West Virginia.

Prior to joining the firm, Zack worked as investment analyst for JP Morgan, where he gained invaluable experience in the financial services sector.  This experience, coupled with his accounting background, provides him a unique perspective when working with financial institutions and in his financial services litigation practice.

representative matters

Commercial Litigation

• Tax Analysts v. Irby, West Virginia State Tax Comm’r, 900 S.E.2d 37 (W.Va. Mar. 15, 2024) (reversal of circuit court order granting motion to dismiss in FOIA case seeking copies of field audit manuals and audit training manuals from state tax department)
• IPI, Inc. v. Axiall Corp., et al., 249 W.Va. 544 (W.Va. Ct. App. Jan. 30, 2024) (vacating summary judgment award on breach of contract and indemnity counterclaims in personal injury action stemming from chlorine gas leak)
• The Gorman Co., LLC v. OK Gentry, LLC, 2022 WL 17688728 (W. Va. Cir. Ct.) (granting summary judgment finding that an overriding royalty agreement for coal runs with the land)
• Bo-Ru, LLC v. E.C. Source Services, LLC, et al., Case No. 2:20-cv-00306, 2020 WL 3022457 (S.D. W. Va. June 4, 2020) (granting dismissal of corporate entity based upon lack of contractual privity)
• Lemartec Corporation v. Berkeley County Solid Waste Authority, Case No. 3:18-cv-22, 2020 WL 3405755 (N.D. W. Va. June 19, 2020) (granting summary judgment in favor of general contractor on claims for fraudulent lien and slander of title)
• Coalfield Lumber Co., Inc. et al. v. Stacy et al., Case No. 2:19-CV-00681 (S.D. W. Va.) (defended claims arising under the UCC in connection with alleged fraudulent check scheme)

Bankruptcy

• In re: 1230 South Associates, LLC, Case No. 19-60158, 2020 WL 6948984 (S.D. W. Va. Nov. 19, 2020) (granting dismissal of bankruptcy filing for cause)
• In re: Panthera Enterprises, LLC, Case No. 2:20-ap-00010, 622 B.R. 201 (N.D. W. Va. 2020) (granting summary judgment under the UCC on whether modular units constituted property of bankruptcy estate)
• In re: Blackjewel L.L.C., Case No. 19-30289 (represented numerous creditors in complex coal mining bankruptcy)
• Routinely obtains stay relief to permit clients to pursue collection and/or enforcement on collateral
• Represented third-party buyer in purchase of equipment from chapter 11 case
• Successfully guided leaseholder through lease assumption process in complex chapter 11 case

• Recognized by The Best Lawyers in America: Ones to Watch (Commercial Litigation), 2021-present