Michael helps clients resolve difficult distressed debt problems through non-judicial and formal court proceedings.
Michael crafts personalized solutions that clients need for complex distressed loan problems. Most frequently, he works with commercial and agricultural lenders looking to enforce their rights through workouts, foreclosures, litigation and bankruptcy proceedings involving defaulted borrowers. A tireless advocate, Michael ensures that clients receive the high attention they deserve. He takes a straightforward, no-nonsense approach to client matters, seeking to maximize recoveries while minimizing time and fees.
While Michael’s 20-plus years of experience have made him skilled at defending clients’ interests in state and federal courts and throughout bankruptcy proceedings, he understands that not all lenders are seeking formal remedies. He meets clients where they are and devotes much of his time to negotiating informal workouts and nonjudicial resolutions that meet clients’ needs, while helping them avoid the expense, time commitment and uncertain outcome of formal court proceedings. Michael regularly negotiates forbearance agreements, voluntary asset turnovers and related resolutions without the need to file lawsuits. He knows that clients need distressed debt outcomes that fit their unique business situations, and he endeavors to craft customized solutions.
While Michael assists clients across a variety of industries, he also leads the firm’s Ag Finance practice group, which represents lenders and borrowers at all phases of ag finance transactions. Michael is licensed in Missouri, Kansas, Iowa, Nebraska and Utah and is board certified in Business Bankruptcy by the American Board of Certification.* He has extensive experience representing lenders, bankruptcy trustees, unsecured creditors and debtors in complex insolvency proceedings. He has advised on multi-state foreclosure actions, liquidations, reorganizations and lender compensation matters, including cash collateral issues, adequate protection payments, stay relief proceedings, plan confirmations, enforcement of rights and prosecution of discharge complaints. He is also highly experienced with bankruptcy avoidance actions, including preferential transfers and constructively fraudulent conveyances where he has reached low settlement amounts on multi-million dollar claims while minimizing clients’ legal spend.
*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.