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Buchalter

Michael S.  Myers

Michael S. Myers

Attorney

Expertise

  • Insolvency & Financial Law Group
  • Litigation

WSG Practice Industries

Activity

Buchalter
California, U.S.A.

Profile

Michael S. Myers is a member of Buchalter’s Insolvency & Financial Law Group in the Firm’s San Francisco office. Mr. Myers focuses his practice on bankruptcy issues and complex Chapter 11 reorganizations. He has experience handling disclosure statements, 363 asset sales, assumption and assignment of leases and executory contracts, stay relief proceedings, and fraudulent transfer and preference actions. Mr. Myers has represented creditor-clients in retail and restaurant bankruptcies.

Mr. Myers also has experience litigating all aspects of bankruptcy reorganization and liquidation as well as litigating the enforcement of real estate leases and purchase agreements, forcible detainer actions, and judgement enforcement proceedings.

He has represented clients in technology companies, Real Estate Investment Trusts (REITs), secured lenders, financial institutions, private equity companies, special servicers, and various other business in commercial litigation.

Mr. Myers served as a law clerk to the Honorable Sarah Sharer Curley at the United States Bankruptcy Court for the District of Arizona from 2012-2014. He was listed as a 2021 “One to Watch” by Best Lawyers, and he was also named a Rising Star by the Southwest Super Lawyers for Bankruptcy: Business from 2016-2019.

Professional Activities

  • American Bankruptcy Institute
  • Cardozo Society of the Jewish Federation of Greater Phoenix – Board Member
  • Bay Area Bankruptcy Forum
  • California Receivers Forum
  • International Council of Shopping Centers

Community Activities

  • Big Brothers Big Sisters – Mentor

Bar Admissions

  • California
  • Arizona
  • Utah

Education

  • University of Arizona, James E. Rogers College of Law
  • Occidental College
Areas of Practice

Insolvency & Financial Law Group | Litigation

Professional Career

Significant Accomplishments

  • Served on the trial team in a three-week trial that obtained a judgment for a special servicer against the borrower for more than $150 million
  • Counsels a Fortune 500 technology company in bankruptcy proceedings
  • Assisted a large bank obtain a settlement and release and avoid liability relating to a $5 million wire sent by fraudulent means
  • Obtained the dismissal of a lawsuit against a large cable company by a customer alleging trespass and civil theft
  • Represented commercial landlords and lenders in numerous eviction actions, including obtaining an eviction judgment at trial and obtaining and enforcing writs of restitution
  • Successfully prosecuted interpleader actions on behalf of neutral parties holding funds in dispute by other parties to held the client avoid potential liability
  • Prosecuted and defended applications for temporary restraining orders and preliminary injunctions

Represented secured lenders, trade creditors and other creditors in the following bankruptcies:

  • In re Pacific Gas & Electric Company et al. (N.D. Cal.)—represented multiple creditors in the bankruptcy of PG&E, including a vendor and commercial landlord
  • In re Sears Holding Corporation (S.D.N.Y.)—advised multiple trade creditors in the bankruptcy of Sears on their rights of reclamation and 503(b)(9) administrative expense claims
  • In re III Exploration II LP (UT)—represented a large financial institution in the 363 sale of an oil company in Utah
  • In re Fresh & Easy, LLC (Del.)—negotiated a favorable settlement for a creditor in a preference action brought by the trustee
  • In re M Space Holdings, LLC (UT)—advised a secured lender in the bankruptcy of M Space Holdings, a manufacturer of pre-fabricated buildings

Represented Real Estate Investment Trusts (REITs) and other commercial landlords in the following bankruptcies:

  • In re Mattress Firm, Inc. (Del.)— advised numerous landlords in Mattress Firm’s reorganization and closure of more than 600 stores, including preserving the rights of landlords for leases assumed by Mattress Firm and filing proofs of claim on behalf of landlords of rejected leases
  • In re RMH Franchise Holdings, Inc. (Del.)—guided a REIT through the reorganization of the second largest Applebee’s franchisee, including the debtor’s assumption of the REIT’s leases
  • In re Gibson Brands, Inc. (Del.)—represented multiple landlords in the reorganization of guitar-maker Gibson Brands (formerly Gibson Guitar Corporation)
  • In re Gander Mountain Company (Minn.)—advised a REIT in the bankruptcy of retailer Gander Mountain and its store closures and subsequent acquisition by Camping World
  • In re Buffets, LLC (W.D.T.X.)—litigated to preserve a REIT’s master lease in the bankruptcy filing of Buffets, LLC, which operated buffets Old Country Buffet, Country Buffet, HomeTown Buffet, and Ryan’s Buffet
  • In re First Capital Retail, LLC (E.D. Cal.)—represented several landlords in the sale of a mall fast food franchisee in California, including obtaining administrative expense claims for the debtor’s occupancy of the stores and stay relief for other landlords to pursue state-court evictions

Articles

Buchalter COVID-19 Client Alert: Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments in Stimulus Bill
Buchalter, January 2021

In the recently-passed Consolidated Appropriations Act, 2021 (the “Act”), Congress provided much-needed cover for landlords that enter into forbearance agreements with their tenants during the COVID-19 pandemic by protecting landlords from exposure to preference litigation arising out of the deferred rent payments if the tenant were to later file bankruptcy...

Buchalter COVID-19 Client Alert: Chuck E. Cheese: The Mouse Who Didn’t Get the (Rent Relief) Cheese
Buchalter, December 2020

  In a small victory for landlords of bankrupt tenants, the Bankruptcy Court for the Southern District of Texas has ruled that the Chuck E. Cheese parent company may not use its bankruptcy filing to avoid paying its rent. The COVID-19 pandemic and related stay-at-home orders have prompted numerous retailers and restaurants to seek bankruptcy protection. Many of those companies successfully used the bankruptcy process to obtain relief from their rental obligations...

Additional Articles

  • Buchalter COVID-19 Client Alert: Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments in Stimulus Bill
  • Buchalter COVID-19 Client Alert: Chuck E. Cheese: The Mouse Who Didn’t Get the (Rent Relief) Cheese
  • Buchalter COVID-19 Client Alert: Doing Business with a Customer in Bankruptcy in the Time of COVID-19: Administrative Expense Claims—Take Them to the Bank or Throw Them in the Write-Off Bin?
  • Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System
  • Problems in the Code: Section 365(d)(3): More Bark or Bite?
  • Problems in the Code: Landlords, Beware! When Does the § 502(b)(6) Calculation Start?


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