Michael
Fishel

Debtor

Represented Red Lobster Management, the nation’s largest seafood restaurant chain, in connection with its chapter 11 case (Bankr. M.D. Fla.)

Represented AeroTech Miami Inc., operator of the largest business-to-business air charter airline in the United States with a fleet of 42 passenger and cargo aircraft, servicing customers both domestically and internationally, as debtor’s counsel in its successful sale to Eastern Airlines via section 63 in underlying chapter 11 proceeding (Bankr. S.D. Fla.)

Represented Tradeshift Holdings Inc., an online B2B invoice support and trade finance platform in 50+ countries, in out-of-court complex financing, recapitalization, and joint venture transaction with HSBC Investment Bank Holdings Limited.

Represented publicly traded oil and gas company, Legacy Reserves, in the restructuring of its US$1.4 billion of funded debt. This deal was honored at the Global M&A Network’s Turnaround Atlas Awards in 2020 as the "Chapter 11 Restructuring Deal of the Year." (Bankr. S.D. Tex.)

Represented Mattress Firm, Inc. and its affiliates in their pre-packaged Chapter 11 cases in eliminating over US$3 billion of debt. (Bankr. Del.)

Represented private oil and gas exploration and production company through Chapter 11 plan confirmation, relief for operations control, and relief for challenged sale transactions. (Bankr. W.D. Tex.)

Represented publicly traded oil and gas exploration and production company, Key Energy Services, in a pre-packaged and prompt Chapter 11 which deleveraged US$1billion within six weeks. (Bankr. Del.)

Counsel to a California-based oil & gas producer in an out-of-court restructuring of its US$300 million capital structure.

Represented a Permian-based midstream company in an out-of-court sale.

Creditor

Representing CRG Financial, LLC as a new-money DIP Lender in the chapter 11 bankruptcy case of Dynamic Aerostructures (Bankr. Del.)

Representing a healthcare business services company in connection with an LME transaction.

Represented a major US bank, as administrative agent and as a lender, in connection with a distressed workout resulting in a full payoff of its RBL to an upstream E&P company.

Represented Georgia’s Own Credit Union as Lender and DIP Lender in the chapter 11 bankruptcy case of Ryze Renewables, LLC (Bankr. Del.)

Represented Pareteum’s official committee of unsecured creditors. (Bankr.S.D.N.Y.)

Represented National Founders in US$65 million in new-money DIP financing with an option to consummate a US$500+ million financing transaction in the GWG Holdings bankruptcy. Attained favorable settlement on makewhole claim. (Bankr. S.D. Tex)

Represented Morgan Stanley in successful rollup of all prepetition hedge obligation upon entry of Interim Hedge order and related post-petition hedging transactions in the Talen Energy bankruptcy. (Bankr. S.D. Tex)

Represented the Borden Dairy Company’s official committee of unsecured creditors. The UCC was recognized for a "Special Situations M&A Deal" award in 2021. (Bankr. Del.)

Represented Ridgewood Energy, a significant non-operating interest-owner in obtaining complete relief relating to contested indemnification rights after litigated objections and contested confirmation proceedings in the Fieldwood Energy bankruptcy. (Bankr. S.D. Tex.)

Represented Veritiv, a leading provider of packaging solutions, in connection with obtaining prompt payment on account of administrative claim and favorable out-of-court settlement relating to preference claims in the Dean Foods bankruptcy. (Bankr. S.D. Tex.)

Represented Rockies Express Pipeline with substantial regulated claims (US$300+ million) and midstream covenants running with the land issues in Whiting, Linn/Berry Petroleum, Vanguard Natural Resources, and both Ultra Petroleum bankruptcies. (Bankr. S.D. Tex.)

Represented a global oilfield services company in the Mid-States Supply Company bankruptcy in obtaining a walkaway settlement despite facing over US$500,000 in preference liability. (Bankr. W.D. Mo.)

Represented alternative asset management firm, Benefit Street Partners in the R.E. Gas Development bankruptcy in connection with its joint exploration and development agreement with Rex Energy Corporation. (Bankr. W.D. Penn.)

Represented marine solutions, energy, and logistics services company, Crowley Maritime, in the EMAS Chiyoda Subsea bankruptcy in obtaining relief and payment in full to client after litigated objections and contested proceedings. (Bankr. S.D. Tex.)

Represented global oilfield services company in the C&J bankruptcy in obtaining near payment in full to client on account of numerous unsecured claims against the debtor.(Bankr. S.D. Tex.)

Acquisition

Representing Backyard Products in connection with the successful acquisition of assets, as stalking horse buyer, in the KidKraft Inc.’s chapter 11 proceeding (Bankr. N.D. Tex.)

Represented Dwayne Johnson and Dany Garcia in connection with acquisition of the XFL League via a section 363 sale in the Alpha Entertainment bankruptcy. (Bankr. Del.)

Represented Stonepeak in the GenOn Energy bankruptcy in connection with acquisition of power generation facilities in the northeastern United States via a section 363 sale. (Bankr. S.D. Tex.)

Represented MIRA in connection with its joint venture with California Resources Corporation in which MIRA committed to fund US$300 million for the development of oil and gas properties in California.

Counsel to Fortune 500 healthcare company in its distressed equity investment in biopharma company in connection with revising supply agreement.

Counsel to client bidders in chapter 11 bankruptcies such as Lilis Energy and Alta Mesa/Kingfisher Midstream.

Counsel to private equity client in out-of-court ownership restructuring through debt-to-equity planned take-out transaction.

Liquidating Trust/Chapter 11 Trustee Litigation

Represented TRR Liquidating Trustee in connection with his fiduciary duty and fraudulent transfer claims against various former officers and debtor-related entities. (Bankr. W.D.Tex.)

Represented Chapter 11 trustee of a former AMLAW 100 law firm in district court and closely watched appeals involving the "unfinished business rule" and clawback litigation under California and D.C. partnership law. (Bankr. N.D. Cal.)

Represented post-confirmation trustee of a former AMLAW 20 law firm in constructive fraudulent transfer litigation under New York law. (Bankr. S.D.N.Y.)

Business Litigation

Represented four former officers and directors of an onshore drilling company in a state court lawsuit in which the plaintiff, a liquidating trustee of the company’s parent, alleged that each defendant breached his fiduciary duty in drilling onshore wells in Alaska.

Represented a former officer of Black Elk Resources in connection with breach-of-fiduciary-duty claims.