MICHAEL D. HAMERSKY focuses on bankruptcy and insolvency law. Mr. Hamersky has participated in all stages of litigation regarding the resolution of over 1,000 adversary proceedings, with an emphasis on avoidance actions, overseeing the filing, preparation, and administration of several mega-preference projects, which has resulted in recoveries in excess of $20 million to date. Mr. Hamersky has also prosecuted thousands of bankruptcy claims for the benefit of bankruptcy estates, and defended numerous creditors’ claims as well. Of particular note is Mr. Hamersky’s active participation in all stages of ERISA healthcare litigation and negotiations on behalf of a “Section 1114 Committee”, which resulted in a $67 million settlement of retired employees’ claims. Additionally, Mr. Hamersky played an integral role in ushering the iconic brand, Columbia House, through the chapter 11 bankruptcy process.
Mr. Hamersky was recently recognized for his work in the courtroom and boardroom by being named a “Rising Star” for 2016 in the Top Attorneys in Metro New York as published in the New York Times Magazine.
Mr. Hamersky’s experience is vast and varied, as he has represented debtors, statutory committees, bankruptcy trustees, post-confirmation trusts, and creditors in industries including: automotive; healthcare; retail; real estate; aviation; legal; and imaging. Mr. Hamersky has also represented both employees and employers in matters related to non-compete clauses and alleged Fair Labor Standard Act violations.
Mr. Hamersky has successfully advanced his clients’ positions related to, among other things: renegotiating executory contracts essential to Chrysler’s successful reorganization; calculating lease rejection damages; section 553 setoff mutuality issues; acceleration of amounts due under certain financial instruments; enforceability of cancellation clauses; and issues unique to a multi-billion dollar IP litigation against Apple.
Mr. Hamersky’s significant representations include: Chrysler LLC; Saint Vincents Catholic Medical Centers; Betsey Johnson LLP; Grubb & Ellis Corporation; Dewey & LeBoeuf LLP; Delphi Automotive LLP; General Motors Corporation; Official Committee of Unsecured Creditors for AMR Corporation (American Airlines); Official Committee of Unsecured Creditors for Eastman Kodak Company; Macy’s, Inc; Nortel Networks Official Committee of Retired Employees; and Filmed Entertainment Inc. (d/b/a Columbia House).
Prior to joining the firm Mr. Hamersky worked at a New York City bankruptcy boutique and served as Legal Intern at the United States Attorney’s Office for the Eastern District of New York.
Mr. Hamersky also serves as an Adjunct Professor at Fordham University School of Law, where he teaches an intimate seminar on trial preparation and courtroom presentation. In his free time, Michael is an avid world traveler and frequent attendee of live music concerts.