Michael defends creditors and enforces their rights in business bankruptcy and commercial litigation matters on a national basis. He regularly represents secured and unsecured creditors, unsecured creditors committees, Chapter 7 and 11 trustees, and Chapter 11 debtors in complex bankruptcy proceedings. Michael also prosecutes and defends commercial litigation matters, and he has tried several cases (including jury trials). Throughout his career he has represented the receivers of insolvent insurance carriers on novel matters including a landmark tax refund case.
Over the years, Michael has prosecuted or defended hundreds of preferential transfer and fraudulent conveyance actions. As part of his extensive work in this area, he has developed a sophisticated computer program which enables him to quickly analyze a client's payment history and identify optimal defensive positions to take. By combining technology with his vast experience in this area of the law, Michael has been able to negotiate very favorable settlements for his clients while simultaneously minimizing their litigation expenses.
Michael is just one of a small group of attorneys licensed in Kansas and Missouri who is Board Certified in Business Bankruptcy by the American Board of Certification.*
He has spoken at national, regional and local conferences on topics dealing with bankruptcy, avoidance actions, landlord tenant issues, evidence, electronically stored information, arbitration, international litigation and ethics. He has published several articles nationally and internationally in various well-respected bankruptcy publications.
*The American Board of Certification's Business Bankruptcy certification program is accredited by the American Bar Association. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or special designations.
Awards & Recognitions
· Missouri & Kansas Super Lawyers, Bankruptcy & Creditor/Debtor Rights, 2011; Rising Star, 2008-2010
Professional Associations & Memberships
· American Bankruptcy Institute
· J. Reuben Clark Law Society, Kansas City Chapter, Board Member
· Kansas City Bankruptcy Bar Association
· Personnel Board for Independence, Missouri
Experience
· Defended the Dominican Republic and its state-owned electric utility against enforcement of an adverse foreign arbitration award
· Principal author of an amicus curiae brief for a significant number of Chapter 7 bankruptcy trustees whose rationale was adopted by the Eighth Circuit in In re Benn, 491 F.3d811 (8th Cir. 2007)
· Lead attorney in the successful Chapter 11 reorganization of Fortress Women's Center, which provides services for homeless and abused women and children
News & Publications
News
1.4.12, Twelve Husch Blackwell Attorneys Added to Partnership in 2012
10.19.11, Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
5.10.11, The Distressed Debt Report: Attorneys Applaud Bankruptcy Rule 2019 Amendments
10.13.10, Missouri & Kansas Super Lawyers 2010 Names 64 Husch Blackwell Attorneys; An Additional 20 Listed as Rising Stars
10.22.09, Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
3.24.08, Fielding Certified in Business Bankruptcy Law
Publications
6.1.08, How to Structure a Multiparty Transaction to Minimize Risk, Managing Credit, Receivables & Collections
2.1.08, Navigating the Intersection of Bankruptcy and Commercial Arbitration, Banking & Financial Services Policy Report
1.1.08, Elevating Business Above the Constitution: Arbitration and Bankruptcy Proofs of Claim, American Bankruptcy Institute
12.1.07, You Need to Know This: Bankruptcy and Attorney - Client Privilege in the Electronic Age, American Bankruptcy Institute Journal
10.1.05, Ancillary Proceedings Under New Chapter 15 of the Bankruptcy Code, Norton Bankruptcy Law Advisor, (republished in Argentina as "La Reforma A La Ley De Quiebras De Los EE.UU," La Ley Actualidad, January 2006)
Events
4.22.11, Weathering the Storm: Critical Considerations for Dealing with Financially Distressed Real Estate, Kansas City Regional Association of Realtors
Kansas City, MO
Speaking Engagement
1.18.11, An Ounce of Prevention and a Pound of Cure: Practical Pointers for Credit Managers Before and After Bankruptcy
Warrensburg, MO
Speaking Engagement
1.11.11, Landlord-Tenant Law: Leases Evictions, Litigations & Settlements
Kansas City, KS
Speaking Engagement
11.16.10, Surviving in a Sluggish Economy: Key Bankruptcy Considerations for Small Businesses
Lee's Summit, MO
Speaking Engagement
6.1.10, Common Landlord - Tenant Issues in Bankruptcy, Sterling Education Services CLE Seminar
Speaking Engagement
6.1.10, Making the Most of Down Market: Key Bankruptcy Issues for Realtors, Kansas City Regional Association of Realtors
Kansas City, MO
Speaking Engagement
4.1.10, On the Brink of Bankruptcy: Advising the Small Business, Kansas City Business Brokers Association
Speaking Engagement
4.1.08, Bankruptcy, Electronically Stored Information and an Attorney's Ethical Obligations: Practical Pointers for Your Practice, 27th annual Midwestern Bankruptcy Institute; re-presented at the Southeastern Bankruptcy Law Institute 34th Annual Seminar on Bankruptcy Law and Rules; the 1st Annual St. Louis Bankruptcy Conference; and the 14th Biennial Judge Joe Lee Bankruptcy Institute
Speaking Engagement
4.1.08, Tri-Party Transactions & the Avoidance Powers" Southeastern Bankruptcy Law Institute 34th Annual Seminar on Bankruptcy Law and Rules
Speaking Engagement
12.1.07, Alternative Dispute Resolution Committee educational session, American Bankruptcy Institute 19th Annual Winter Leadership conference
Speaking Engagement
12.1.07, Arbitration is Not Always Mandatory! Key Arguments to Avoid Arbitration in Bankruptcy, Kansas Bar Association teleconference
Speaking Engagement