Michael Luskin

Throughout his career, Michael has counseled lenders, financial institutions, and other companies involved in complex cases, including Chapter 11 proceedings, real estate restructurings, foreclosures, and other litigation. Michael’s client representations span an array of industries, including real estate, energy, finance, insurance, hospitality, healthcare, pharmaceuticals, airlines, and automotive. Chambers USA noted that Michael’s clients say, “It’s very rare to find a litigator who can litigate and negotiate but he can do both very well.”

Michael is a fellow of the American College of Bankruptcy and frequently speaks about bankruptcy litigation issues and bankruptcy law developments.

• Served as special counsel to the Financial Oversight and Management Board for Puerto Rico in lift stay and related litigation in the US District Court for the District of Puerto Rico and US Court of Appeals for the First Circuit, and in connection with various contract and conflict issues from the Board’s 2016 inception through the 2022 confirmation of Puerto Rico’s plan of arrangement
• Served as conflicts counsel to the Chapter 11 examiner in connection with the investigation of certain pre-petition transactions and preparation of the final report in the Caesar’s Entertainment Chapter 11 cases
• Served as conflicts counsel to insurers in the Purdue Pharma Chapter 11 proceedings
• Represented a financial institution as commercial bank and investment banking advisor in the SAS Chapter 11 case
• Represented a financial institution as aircraft financer in the American Airlines, United Airlines, and US Air reorganizations
• Represented the senior secured lender and debtor-in-possession (DIP) lender in the Fluid Chapter 11 proceedings
• Represented the secured lender on the “sidecar” facility in the Hertz Chapter 11 proceedings in Delaware
• Represented the secured lender in Rochester Drug Corporation’s Chapter 11 proceedings in Rochester, New York, including negotiation and settlement of the US government’s forfeiture claims
• Represented a financial institution as a major creditor in the Westinghouse Electric Co. Chapter 11 proceedings in the Southern District of New York
• Represented a group of eight lenders to Republic Metals Corporation (now Miami Metals) in hotly contested Chapter 11 proceedings involving the extent and priority of the lenders’ liens
• Represented multimedia companies with various claims in The Weinstein Company’s Chapter 11 proceedings in Delaware and in connection with license assumptions, asset sales, and similar transactions in other entertainment industry bankruptcies
• Represented a bank plaintiff in two actions challenging a $5 billion transaction by which monoline insurer MBIA split itself into a “good insurer” and “bad insurer”; the plaintiffs sought, among other things, to set aside the financial restructuring under New York’s fraudulent conveyance law
• Represented investors in and the manager of a large fuel distribution and gas station owner-manager in contested Chapter 11 proceedings brought by an investor-dealer; worked with the Chapter 11 trustee to confirm the trustee’s plan following a multiday trial
• Served as counsel to the Chapter 11 trustee of Fletcher International, Ltd., a master hedge/private equity fund that was part of a complex master-feeder fund structure; our investigation was the basis for the trustee’s report, which was then the basis for the trustee’s plan of liquidation that was confirmed over objections by the debtor and its principal
• Served as counsel to a financial institution in the workout, bankruptcy, and related litigations arising out of the $350 million Transmar commodities fraud
• Represented a financial institution as defendant in a subprime “put back” litigation brought by monoline insurer CIFG
• Represented a financial institution as defendant in a lender liability action in federal court against a group of bank lenders to a failed French toy company
• Represented a financial institution in litigation arising out of a $300 million failed commercial real estate securitization
• Represented a financial institution in litigation arising out of a massive check-kiting scheme, in subsequent bankruptcy proceedings, and in connection with cases involving check-kiting and embezzlement
• Served as counsel to a financial institution in a breach of contract action arising out of the termination of structured investment contracts with a notional value in excess of $3 billion
• Served as counsel to the Government of Ontario in the Chrysler and General Motors Chapter 11 cases
• Served as counsel to a financial institution as administrative agent on two loans totaling $1.3 billion to operating subsidiaries of Adelphia Communications Corp. in Adelphia’s Chapter 11 cases, and as a defendant in a $5 billion lender liability action brought by the Adelphia Creditors’ Committee
• Represented a financial institution in the Coltex Chapter 11 case, which resulted in an important US Court of Appeals for the Second Circuit decision on “new value plans” and the absolute priority rule
• Served as counsel to various financial institutions as lenders, agents, letter-of-credit issuers, or derivative counterparties in the China Fisheries, Mineral Park, American Home Mortgage, Enron, Sunterra, New Century Capital, Owens Corning, PG&E National Energy Group, Stellex Industries, and New World Pasta bankruptcies and in numerous out-of-court workouts
• Served as the court-appointed examiner in the Nellson Neutraceutical Chapter 11 case in Delaware