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Michael J. Venditto

Partner

Education

  • Cornell Law School, J.D.
  • St. John's University, B.A., magna cum laude

Professional Admissions / Qualifications

  • New York

Court Admissions

  • U.S. Court of Appeals - First Circuit
  • U.S. Court of Appeals - Second Circuit
  • U.S. District Court - Southern District of New York
  • U.S. District Court - Eastern District of New York
  • U.S. District Court - Western District of New York
  • U.S. District Court - Northern District of New York
  • U.S. Court of International Trade
  • U.S. Tax Court

Michael is a member of the Financial Industry Group, practicing in the area of Commercial Restructuring & Bankruptcy.  Michael concentrates his practice in business bankruptcy law, corporate reorganizations, insolvency and creditors' rights, representing debtors, statutory committees, secured and unsecured creditors, investors and trustees in bankruptcy cases of all sizes and degrees of complexity throughout the United States.  Michael's extensive experience representing Chapter 11 debtors encompasses all aspects of a successful reorganization, including negotiating and implementing debtor-in-possession financing and cash collateral agreements, prosecuting asset recovery and avoidance litigation, preparing disclosure statements and the negotiation, confirmation and consummation of reorganization plans.  In addition to these substantive skills, he is experienced in the business and inter-personal aspects of the bankruptcy process, having been involved in many successful business reorganizations.

Michael has also represented creditors in protecting their rights in Chapter 11 cases and out-of-court restructurings.  He is experienced in assisting secured creditors in issues relating to cash collateral, adequate protection of creditors’ interests and subordination, including the “priming” of their positions by “super priority” liens.  He has also represented creditors in proposing plans of reorganization and assisting them in the confirmation and implementation of such plans.

Michael has worked extensively with hedge funds, representing them in connection with acquiring assets from bankruptcy estates, reorganizing portfolio holdings and funding of bankruptcy cases.  His experience also includes the reorganization, restructuring and liquidation of hedge funds through bankruptcy, equity receiverships and extra-judicial insolvencies.

He routinely handles complex bankruptcy litigation. Many of these cases involve non-bankruptcy issues in the areas of commercial, corporate and securities law.  Working closely with the firm’s business litigators, he represents debtors and creditors in bankruptcy-related proceedings including preferences, fraudulent transfers, setoff disputes, turnover, reclamation and insider claims.

Michael taught bankruptcy law as an Adjunct Associate Professor of Law at the Benjamin Cardozo School of Law for ten years.  His comments on bankruptcy issues have appeared in the media, including The New York Times.  He also speaks to business and professional audiences frequently and his articles on bankruptcy issues have appeared in several professional journals.

Michael is also skilled in alternative dispute resolution, he serves on the Mediation Panel of the United States District Court for the Southern District of New York. As a member of that panel, Michael mediates cases referred by the judges of the Court.

Michael has represented clients in Chapter 11 cases around the country involving businesses in a variety of industries such as telecommunications, financial services, retailing, manufacturing, food processing and entertainment.  During the last several years, these cases have included:

  • Abitibi-Bowater
  • Blue Bird Bus Company
  • Bradlees Stores, Inc.
  • Caldor, Inc.
  • Chrysler, LLC
  • DVI, Inc.
  • Doskocil Companies, Inc./Wilson Foods
  • Enron Corp.
  • eToys, Inc.
  • Filene's Basement Inc.
  • Global Crossing, Ltd.
  • Harnischfeger Industries Inc.
  • High Voltage Engineering Corp.
  • Lehman Brothers Holdings, Inc.
  • Lyondell Chemical Company
  • Metromedia Fiber Network, Inc.
  • NextWave Wireless, Inc.
  • Smurfit-Stone Container Corp.
  • Trans World Airlines, Inc.
  • WebVan Group, Inc.

 

Employment History

  • 2008 - Reed Smith
  •  - Anderson Kill & Olick

Professional Affiliations

American Bankruptcy Institute New York State Bar Association

Notable Quotes

  • "Liabilities Linger After Bankruptcy Filings" by David Toll, Buyouts (March 3, 2008).
  • “Bankruptcy Judge: Dell Director Must Pay” by David Koenig, Associated Press (January 29, 2008).
  • “Former Telecom CEO Ordered to Repay $12M Loan” by Ron Zapata, Bankruptcy Law 360 (January 28, 2008).
  • “Lawyers’ New Nightmare: Bankruptcy Trustee Suits” by Anthony Lin, New York Law Journal (November 26, 2007).
  • “Exit Revisited: Blue Bird Corp.” by Ben Fidler, Bankruptcy Insider (March 16, 2007).
  • “‘Blue’ Streak May Have Imitators” by David Elman, Bankruptcy Insider (February 10, 2006).
  • “Exit revisited: High Voltage Engineering Corp.” by Peter Edmonston, Bankruptcy Insider (May 9, 2005).
  • “Who killed High Voltage?” by Peter Edmonston, Bankruptcy Insider (April 28, 2005).
  • “High Voltage Gets Trustee” by David Elman, Bankruptcy Insider (February 22, 2005).
  • “Sonoco Asks Court to Lift Stay to Permit Setoff ” Troubled Company Reporter (May 14, 2002).
  • “Troubled Lender Seeks Protection” by Diana B. Henriques, New York Times (March 24, 2000).
  • “Disgruntled Shareholders Unite; Using Web to Try to Get a Piece of a Bankrupt Company” by Diana B. Henriques, New York Times (April 27, 1999).