Our people

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.

Publications

• “The Disappearance of Qs: A Knockout Punch to Securitizations?” Equipment Leasing (Vol. 27 No. 12, January 2009)
• “Navigating A Troubled Business Through The WARN Act” Andrews Bankruptcy Litigation Reporter (November 26, 2008)
• “Litigation Trusts” New York Law Journal (September 8, 2008)
• “More Bad News for Structured Finance?” The Bankruptcy Strategist (September 2008)
• “Investors Still Facing a Ground Swell of Subprime Issues” ABF Journal (September 2008)
• “The Dash For Cash: Suits By Post-Confirmation Trusts” Andrews Bankruptcy Litigation Reporter (April 18, 2008).
• “What You Need to Know About Debit Cards” Focus Magazine (February 2008).
• “Update on No-Match Regulations,” New York State Hotel & Tourism Association (October 2007)
• “Creditors’ Committees: Are They Still Worth the Effort?,” Business Credit (May 2007)
• “Claims Trading Restrictions: Fasten Your Seat Belts,” Bankruptcy and Restructuring Advisor (Spring 2006) (with Paul A. Rachmuth)
• "The Creditors' Perspective on the Latest Wrinkle in Asset Securitization," Bankruptcy and Restructuring Advisor (Autumn/Winter 2004)
• “New Developments with Securitizations in Bankruptcy: Substantive Consolidation,” Daily Bankruptcy Review (May 12, 2004) (with J. Andrew Rahl)
• “New Developments with Securitizations in Bankruptcy: Legislative Developments,” Daily Bankruptcy Review (March 31, 2004) (with J. Andrew Rahl)
• “Debt For Equity: Is It Time To Rethink The Paradigm?," Public Companies and Claims Trading, Vol. 1, No. 2 (March 2004)
• “The Implied Requirement of ‘Good Faith Filing’: Where are the Limits of Bad Faith?,” 1993 DETROIT COLL. LAW REVIEW 1591
• “Evidentiary Hearings on Fee Applications: The Due Process Implications,” 1981 ANNUAL SURVEY OF BANKER. LAW 41.

Speeches / Presentations

• “Chapter 11 Issues for Regulators,” National Association of Attorneys General Annual Bankruptcy Conference, Seattle, Washington (September 23, 2008)
• “Suits Against Counsel By Post-Confirmation Trusts,” American Bankruptcy Institute, Washington, D.C. (April 4, 2008)
• “Maximizing Recoveries in the Subprime Meltdown: Financial Restructuring Meets Structured Finance,” Harvard Club, Anderson Kill's CLE Seminar, New York, NY (October 4, 2007 & October 25, 2007)
• “Chapter 11 – Operations During The Case,” NAAG/SABA Bankruptcy Conference, Chicago, IL (October 14–17, 2007)
• “Search for Deal Flow – Detecting When Privately and Publicly Held Companies Are Distressed,” Harvard Club, New York City (September 11, 2007)
• “Get Better Treatment for Your Claim,” Federation of Credit and Finance Professionals, New York City (June 27, 2007)
• “Section 505(b)(2)(B): Countering the Gamesmanship,” National Association of Attorneys General Annual Bankruptcy Conference, Santa Fe, New Mexico (October 15, 2006)
• “Bankruptcy Retentions and Conflict,” Ethics Seminar Part II, New York City (March 1, 2006)
• “What Every Chapter 11 Creditor Needs to Know About The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” Business and Financial Institution Seminar Series, New York City (October 6, 2005)
• “Post Confirmation Jurisdiction: Where Does It End?,” National Association of Attorneys General Annual Bankruptcy Conference, Denver, Colorado (September 14, 2005)
• “Driving Toward Confirmation: A Roadmap to Negotiating Chapter 11 Plans,” Business and Financial Institution Seminar Series, New York City (May 11, 2005)
• “Bankruptcy From A Government Perspective: Chapter 11 Plan Confirmation Issues,” National Association of Attorneys General, Washington, D.C. (September 21, 2004)
• “Bankruptcies in Emerging Markets: True Value indicators or Anomalies to be Discounted?,” Institute for Professionals in Taxation Annual Conference, Vancouver, B.C. (June 21, 2004)
• “Keeping the Horse in the Barn: Critical Junctures in Bankruptcy,” Business and Financial Institution Seminar Series, New York City (May 27, 2004)
• “Bankruptcy From A Government Perspective: Operations During the Case,” National Association of Attorneys General, Santa Fe, New Mexico (September 22, 2003)
• “Utilities in Wonderland: How Bankruptcy Affects the Ad Valorem Valuation of Utilities,” Wichita State University Conference on Appraisal For Ad Valorem Taxation for Communications, Energy and Transportation Properties, Wichita, Kansas (July 28, 2003)
• “Bankruptcy Basics for the In-House Lawyer,” Chicago, Illinois (January 19, 2001)
• “Ethical Considerations for Bankruptcy Professionals,” Lorman Educational Services, New York City (January 18, 2001)
• “An Introduction to Bankruptcy,” Lorman Educational Services, New York City (August 11, 2000)
• “Ethical Collecting -- is it an Oxymoron?,” Lorman Educational Services, New York City (January 11, 2000)
• “Investigating Internal Fraud and Financial Malfeasance,” Greater New York Chapter of Association of Corporate Counsel, New York City (October 28, 1998)

Experience

Legal Education

Undergraduate Education

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

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).