Michael J. Lichtenstein

Michael J. Lichtenstein: Attorney with Shulman, Rogers, Gandal, Pordy & Ecker, P.A. AV stamp icon
Attorney Awards

Biography

Michael Lichtenstein is a seasoned litigator who is recognized for his excellence in Best Lawyers in America, Best Lawyers in Washington, DC, Maryland and DC Super Lawyers, the Washingtonian, Smart CEO and in Chambers and Partners, which notes his “quality” as both a lawyer and mediator. Michael has delivered successful outcomes for financial institutions, creditors’ committees, creditors, property owners, debtors and equity holder clients in Chapter 11 proceedings in a dozen states, including Maryland, DC, Virginia, West Virginia, Delaware, Pennsylvania, New Jersey, Tennessee, California and New York. He has helped clients in a wide range of industries, including telecommunications, defense, real estate, technology and retail chains, in matters ranging from $25 to $400 million.

Debtor and creditor clients in or facing Chapter 11 proceedings have found Michael’s background as a corporate board member and his business focus a tremendous asset in successfully navigating the process. Michael represents clients from a variety of industries in the purchase or sale of assets in bankruptcy proceedings. He also provides expert witness and mediator services in Chapter 11 matters.

In addition to representing companies in bankruptcy and restructuring, Michael delivers successful outcomes in commercial litigation matters involving contracts, securities, telecommunications, construction, commercial real estate and intellectual property matters. He litigates in state and federal courts across the country and has argued several times before the United States Courts of Appeals for the Fourth Circuit and Third Circuit.

Michael is a shareholder in the Litigation and Business and Financial Services Departments, chair of the Bankruptcy, Restructuring and Creditors’ Rights Group, and a member of the firm’s Board of Directors. Prior to joining Shulman Rogers, he was a litigation and bankruptcy partner at Swidler Berlin, L.P. in Washington, DC. He has earned an AV Preeminent rating from Martindale-Hubbell, a recognition of excellence from both his fellow attorneys and the judiciary.

Results

•Successfully represented Redox Power Systems, LLC, a solid oxide fuel cell company, in its Chapter 11 proceeding. After four months of intense litigation and a four day contested confirmation hearing, the United States Bankruptcy Court for the District of Maryland confirmed Redox’s plan of reorganization in a 32-page opinion.
•Settled state court breach of contract and breach of fiduciary duty limited liability litigation that resulted in multi-million dollar payment to clients.
•Obtained order converting Chapter 11 to Chapter 7 proceeding in case involving solar energy and cryptocurrency.
•Won an appeal in the United States Court of Appeals for the Third Circuit affirming the lower court’s decision that lending institution client had a first lien priority on the borrower’s assets on account of a $3.2 million loan and allowing the bank to collect $1.2 million being held in the court registry.
•Successfully settled a $6 million suit filed for plaintiff in Montgomery County Circuit Court in Maryland through the use of mediation that resulted in monthly payments to client.
•Appointed by a Maryland Bankruptcy judge as a mediator in a large Chapter 11 proceeding with a trustee who sued several defendants over significant multi-million dollar disputes about lien priorities and entitlement to sales proceeds.
•Successfully defeated motion to dismiss lawsuit in federal court in Greenbelt, Maryland in suit against insurance company for coverage related to fraudulently issued $1 million letter of credit.
•Won Board of Immigration Appeals’ affirmance of immigration judge’s grant of asylum for pro bono client from Guinea who fled the country because of religious persecution. The BIA affirmed the immigration judge and then denied DHS’ subsequent motion for reconsideration.
•Successful representation of pro bono client from Burundi seeking asylum before the Board of Immigration Appeals.

Recognition

•Chambers and Partners, 2018, Bankruptcy/Restructuring - Maryland
•The Best Lawyers in America, 2014-2019, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
•Maryland Super Lawyers, Business Litigation 2015-2019
•District of Columbia Super Lawyers, Business Litigation, 2014-2018
•Maryland Super Lawyers, Bankruptcy, 2010-2014
•District of Columbia Super Lawyers, Bankruptcy, 2011-2013
•Washingtonian Magazine, Top Bankruptcy Lawyers, 2009, 2011, 2013, 2015, 2017, 2018
•Best Lawyers in Washington, DC, Washington Post, 2014
•SmartCEO Legal Elite, 2013
•Washington DC Top Rated Lawyers, 2012
•Martindale-Hubbell AV Preeminent Rating
•Governor’s Volunteer Service Certificate, 2014

Publications

Banking

•Lender Liability: Avoid It Like The Plague! - February 2017
•A Split Supreme Court Leaves Spousal Guarantees Up in the Air - Pratt’s Journal of Bankruptcy Law, October 2016
•Violating a Debtor’s Discharge Injunction: Lender’s Beware -The Banking Law Journal, October 2015
•Workouts and Forbearance Agreements - TSL Express, a product of the Secured Lender, July 9, 2014
•Commercial Loan Officers’ Authority to Bind a Bank - The Banking Law Journal, September 2013
Non-Dischargeability of Debts Under Section 523(A)(2)(B) of the Bankruptcy Code, The Banking Law Journal, June 2009
Assertions of Insolvency in Avoidance Actions to Rebut Financial Statements, American Bankruptcy Institute Journal, October 200

Landlord-Tenant Bankruptcy

•A Commercial Landlord’s Damage Remedies in a Tenant’s Bankruptcy Proceedings - Real Estate Finance Journal, Winter 2013/2014
What Are A Tenant’s Rights When A Landlord Files For Bankruptcy? Real Estate Law Journal Summer, 2012 with Richard Goldberg
The Payment of “Stub Rent” Under the Bankruptcy Code, Real Estate Law Journal, Fall, 2007
How New Bankruptcy Code Changes Affect Tenants, Commercial Tenant Lease Insider, August 2005
How New Bankruptcy Code Changes Will Affect You, Commercial Lease Law Insider, July 2005
Calculating a Landlord’s Claim in Bankruptcy, Real Estate Law Journal, Fall, Volume 32, Number 2, 2003

Chapter 11 Issues

•The Enforcement of Arbitration Agreements in Bankruptcy Proceedings - Pratt’s Journal of Bankruptcy Law, June 2017
•Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings - Pratt’s Journal of Bankruptcy Law, April/May 2016
•Can Consent Be Implied In A Sale Of Property Free And Clear Of Liens Under Section 363(F) Of The Bankruptcy Code? - Pratt’s Journal of Bankruptcy Law, January 2015
•Asset Sales and Structured Dismissals in Chapter 11 - Pratt’s Journal of Bankruptcy Law, January 2014
Insolvency - Chapter 11 Reorganization or Liquidation for Businesses in the United States Lawrope International, March 2012
Disappointed Bidders Don’t Have Standing to Appeal an Order Approving a Sale of Assets XXXI ABI Journal 2, March 2012
The Treatment of IRUs in Bankruptcy Proceedings, In the Matter of Rural Health Care Support Mechanism WC Docket No. 02-60, July 15, 2010
The Imposition of Constructive Trusts in Bankruptcy Proceedings (with Stephen A. Metz), ABI Business Reorganization Committee Newsletter, Volume 7, Number 2, 2008
Bankruptcy Courts’ Treatment of Severance Agreements Providing for Continued Payments to Former Employees, Business Law Brief, Fall 2006
Supreme Court Ducks Sovereign Immunity Question: A Recap of Circuit Conflicts, American Bankruptcy Institute Journal, July/August 2004
Violations of the Automatic Stay: Void or Voidable, American Bankruptcy Institute Journal, May 2004
The Treatment of IRUs in Bankruptcy Proceedings, Journal of Bankruptcy Law and Practice, November/December, Volume 11, Number 1, 2001
Who Is An Insider For Voting Purposes in a Single Asset Chapter 11?, Bankruptcy Law and Practice, March/April, Volume 10, Number 3, 2001

Litigation

Exceptions to the Attorney-Client and Work Product Privilege , Pratt’s Privacy & Cybersecurity Law Report, September 2018
Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010, American Bankruptcy Institute Journal, February 2011
•Settling the Law in the Circuits: Presenting Hearsay Evidence in a Preliminary Injunction Hearing, American Journal of Trial Advocacy, American Journal of Trial Advocacy, Fall 2005
•Service of Process on a Defendant’s Counsel in an Adversary Proceeding, American Bankruptcy Institute Journal, June 2005

News & Events

Seminars & Speaking Engagements

•Commercial Bankruptcy Presentation, Law School for the Public - Montgomery Community Media TV, January 13, 2016
•“Chapter 11 Structured Dismissals - Viable Exit Strategy or Impermissable”, October 28, 2014
•“Commercial Lease Damages in Bankruptcy Proceedings”, Maryland Bankruptcy Bar Association, February 26, 2014
•“Exit Strategies in Chapter 11: Asset Sales and Structured Dismissals,” The Twelfth Annual Spring Break Weekend, Maryland Bankruptcy Bar Association May, 2012
•MICPEL, Advanced Real Property Institute, October 7, 2009 “Bankruptcy Brush Up: What to do when a landlord files?”
•Recent Case Developments in Consumer and Business Bankruptcy Cases, The Tenth Annual Spring Break Weekend, Maryland Bankruptcy Bar Association
•Chair, Loan Workout, Bankruptcy and Collateral Liquidation in the District of Columbia, Lorman Education Services

News & Events

News

A Powerful Win

March 14, 2019

Michael Lichtenstein, Chair of Shulman Rogers’ Bankruptcy/Restructuring group, represented Redox Power Systems, LLC, a solid oxide fuel cell company, in [...]

NewsPress Releases

Best Lawyers in America recognizes 10 Shulman Rogers attorneys for 2019

September 5, 2018

POTOMAC, Md., Sept. 5, 2018 /PRNewswire/ - Ten Shulman Rogers attorneys have been named to the 2019 Best Lawyers in America list. Recognized attorneys and their respective [...]

News

Three Shulman Rogers Attorneys Named to Washingtonian Magazine’s 2017 Top Lawyers Listing

December 8, 2017

Shulman Rogers is proud to announce that the Washingtonian Magazine has listed three of the firm’s attorneys to the 2017 [...]

News

Best Lawyers in America recognizes 9 Shulman Rogers attorneys for 2018

October 13, 2017

Nine Shulman Rogers attorneys have been named to the 2018 Best Lawyers in America list. Recognized attorneys and their respective practice areas [...]

News

Michael Lichtenstein and Sara Clasper published by LexisNexis

May 6, 2017

Michael Lichtenstein and Sara Clasper’s article “The Enforcement of Arbitration Agreements in Bankruptcy Proceedings” was published in the May 2017 issue [...]

News

As published in Pratt’s Journal of Bankruptcy Law: A Split Supreme Court Leaves Spousal Guarantees Up in the Air, Written by Michael Lichtenstein and Megan Raker

September 19, 2016

“A Split Supreme Court Leaves Spousal Guarantees Up in the Air,” an article written by Michael Lichtenstein and Megan Raker, members of [...]

NewsPress Releases

Shulman Rogers attorneys honored by inclusion on 2017 Best Lawyers listing

August 15, 2016

POTOMAC, Md., Aug. 15, 2016 - Shulman Rogers is pleased to announce the following attorneys were named to the 2017 Best [...]

News

As published in Pratt’s Journal of Bankruptcy Law: Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings, Written by Michael Lichtenstein

April 19, 2016

“Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings,” an article written by Michael Lichtenstein, co-chair of Shulman Rogers’ Bankruptcy [...]

NewsPress Releases

Shulman Rogers attorneys honored by inclusion on 2016 Maryland and Washington DC Super Lawyers listings

December 10, 2015

POTOMAC, Md., December 10, 2015 - Shulman Rogers is pleased to announce the following attorneys were named to the 2016 [...]

NewsPress Releases

Shulman Rogers attorneys honored by inclusion on 2015 Washingtonian Top Lawyers listing

December 4, 2015

POTOMAC, Md., Dec.1, 2015 - Shulman Rogers is pleased to announce the following attorneys were named to the 2015 Washingtonian [...]

NewsEvents

Chapter 11 Structured Dismissals: Viable Exit Strategy or Impermissible Under Bankruptcy Code?

November 10, 2015

News

As published in The Banking Law Journal: Violating A Debtor’s Discharge Injunction: Lenders Beware, Written by Michael Lichtenstein

October 24, 2015

“Violating a Debtor’s Discharge Injunction: Lender’s Beware,” an article written by Michael Lichtenstein, co-chair of Shulman Rogers’ Bankruptcy and Creditor’s [...]

News

As published in Law360: Minor League Team Owner Ducks Bid To Reopen Lien Case, Represented by Michael Lichtenstein

August 27, 2015

Law360, New York (August 27, 2015, 8:32 PM ET) - A Pennsylvania federal judge on Thursday denied an Eagle Bancorp. Inc. [...]

NewsPress Releases

Shulman Rogers attorneys honored by inclusion on 2016 Best Lawyers listing

August 18, 2015

POTOMAC, Md., Aug. 18, 2015 - Shulman Rogers is pleased to announce the following attorneys were named to the 2016 [...]

NewsEvents

Chapter 11 Structured Dismissals: What You Need to Know

August 11, 2015

PRESENTER: MICHAEL LICHTENSTEIN 3:00PM-4:15PM, EDT TUESDAY, AUGUST 11, 2015 Chapter 11 debtors are increasingly considering structured dismissals as a viable exit [...]

News

As published in Law360: Eaglebank Lien Ruled Senior In Minor League Team Spat, Represented by Michael Lichtenstein

July 7, 2015

Law360, New York (July 7, 2015, 10:27 PM ET) - An Eagle Bancorp Inc. unit’s security interest in a $1.25 [...]

NewsPress Releases

Shulman Rogers attorneys honored by inclusion on 2015 Best Lawyers listing

May 11, 2015

POTOMAC, Md., May 11, 2015 - Shulman Rogers is pleased to announce the following attorneys were named to the 2015 [...]

News

Maryland’s Healthy Back Store Files for Bankruptcy

April 1, 2015

As reported in Daily Bankruptcy Review today, The Healthy Back Store LLC, a Maryland-based retailer of Herman Miller chairs and [...]

News

Shulman Rogers Attorneys Honored by Inclusion on 2015 Maryland Super Lawyers Listing

December 18, 2014

Shulman Rogers is pleased to announce the following attorneys were named to the 2015 Maryland Super Lawyers listing: Jay M. [...]

News

Montgomery Businesses Engage in a Day of Service

November 17, 2014

Thanks to Michael Lichtenstein and his Bankruptcy and Creditors’ Rights team as they worked together to brighten the lives of [...]

NewsEvents

Chapter 11 Structured Dismissals: Viable Exit Strategy or Impermissible Under Bankruptcy Code?

October 28, 2014

Evaluating Benefits to Debtors and Creditors, Provisions of Dismissal Orders, and Key Objections to Structured Dismissals ALIVE 90-MINUTE CLE WEBINAR WITH INTERACTIVE [...]

News

Michael Lichtenstein named to SmartCEO’s Legal Elite

December 14, 2012

News

Michael Lichtenstein Discusses Bankruptcy

September 28, 2012

Michael Lichtenstein on Bankruptcy

News

Local Lawyer Makes Community Service A Family Priority

March 26, 2012

News

Uncertain times for Rosecroft - again

February 27, 2012

News

Shulman Rogers will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A Advisor Awards

December 13, 2011

Shulman Rogers will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A [...]

News

Rosecroft Bankruptcy Settlement Approved

May 19, 2011

Rosecroft bankruptcy settlement approved Posted: 7:33 pm Thu, May 19, 2011 By Rachel Bernstein Daily Record Business Writer A settlement [...]

News

Penn National closes on Rosecroft sale

February 28, 2011

By Rachel Bernstein Daily Record Business Writer Penn National Gaming Inc. closed Monday on its sale of Rosecroft Raceway, but [...]

News

Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010

February 9, 2011

News

Judge approves Penn National’s purchase of Rosecroft

February 2, 2011

News

Penn National to buy Rosecroft Raceway for $10.2 million, with goal to add slots at track

January 28, 2011

News

Orioles owner Angelos is interested in buying Rosecroft Raceway

January 5, 2011

News

Bia Pro Bono Project Update

July 1, 2010

News

Shulman Rogers Helps Client Reorganize for Success

January 5, 2010

Classic Sleep Files Chapter 11 to Pave Way for New Investor David Perry Furniture Today JESSUP, Md. - Classic Sleep [...]

Also at Potomac, MD office

Areas of Practice (4)

  • Bankruptcy, Restructuring and Creditors' Rights
  • Commercial Litigation
  • Distressed Assets
  • Business and Financial Services

Education & Credentials

Contact Information:
(301) 230-5231  Phone
(301) 230-2891  Fax
www.shulmanrogers.com
University Attended:
Brandeis University, B.A., Four year starter on varsity soccer team, Division III National Champions, Member of the Brandeis University Athletic Hall of Fame, 1979; University of Pennsylvania, M.A., Criminology, 1980; University of Pennsylvania, Ph.D., Criminology, 1982
Law School Attended:
American University, Washington College of Law, Washington, District of Columbia, J.D., Member, Law Review, Israel Defense Force, Former tank officer, 1988
Year of First Admission:
1988
Admission:
U.S. Court of Appeals, 4th Circuit; 1988, Maryland; 1989, District of Columbia
Memberships:

Professional & Community Affiliations

•American Bankruptcy Institute, Member
•Walter Chandler Inns of Court, Master
•American Bar Association, Member
•Maryland Bankruptcy Bar Association, Member
•Maryland Bar Association, Member
•Resolution Advocate for the United States Bankruptcy Court for the District of Maryland
•Appointed as Mediator in Chapter 11 Proceedings by the United States Bankruptcy Court for the District of Maryland
•Montgomery County Coalition for the Homeless, Board of Directors, 2013 - present
•Kids in Need Distributors, Volunteer

Birth Information:
Potchefstroom, South Africa, December 30, 1954
Reported Cases:
REPRESENTATIVE MATTERS: Settled state court breach of contract and breach of fiduciary duty limited liability litigation that resulted in multi-million dollar payment to clients.; Obtained order converting Chapter 11 to Chapter 7 proceeding in case involving solar energy and cryptocurrency.; Won an appeal in the United States Court of Appeals for the Third Circuit affirming the lower court's decision that lending institution client had a first lien priority on the borrower's assets on account of a $3.2 million loan and allowing the bank to collect $1.2 million being held in the court registry.; Successfully settled a $6 million suit filed for plaintiff in Montgomery County Circuit Court in Maryland through the use of mediation that resulted in monthly payments to client.; Appointed by a Maryland Bankruptcy judge as a mediator in a large Chapter 11 proceeding with a trustee who sued several defendants over significant multi-million dollar disputes about lien priorities and entitlement to sales proceeds.; Successfully defeated motion to dismiss lawsuit in federal court in Greenbelt, Maryland in suit against insurance company for coverage related to fraudulently issued $1 million letter of credit.; Won Board of Immigration Appeals' affirmance of immigration judge's grant of asylum for pro bono client from Guinea who fled the country because of religious persecution. The BIA affirmed the immigration judge and then denied DHS' subsequent motion for reconsideration.; Successful representation of pro bono client from Burundi seeking asylum before the Board of Immigration Appeals.
ISLN:
905450641

Peer Reviews

Documents (1)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

Contact Michael J. Lichtenstein

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