Michael S. Myers

Partner-Elect

Cell 415.317.4439

Phoenix

Tel 602.798.5446
Fax 602.798.5595

Los Angeles

Tel 602.798.5446
Fax 424.204.4350

Michael works in the firm’s Litigation Department, focusing his practice on complex Chapter 11 bankruptcy proceedings as well as receiverships, workouts, and commercial litigation, primarily in the areas of distressed real estate and other distressed assets, retail/restaurant/hospitality, and technology. Based out of San Francisco, Michael is associated with the firm’s Los Angeles and Phoenix offices but his practice extends across state and federal courts throughout the United States.

Michael assists businesses in resolving complex disputes, whether through creative, business-oriented solutions or through litigation in court. These matters typically involve receiverships, workouts, or litigation related to distressed assets, enforcement of real property leases or purchase agreements, loan defaults and guaranties, fraudulent transfer actions, and judgment enforcement proceedings.

Services

Experience

Representative Matters

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
Prevailed on summary judgment against one party on behalf of the lender in a contested credit-tenant lease arrangement in California state court and reached a favorable settlement agreement with other parties resulting in a $132 million payment to lender
Obtained the appointment of a receiver for a lender in California state court over the borrower’s objection after borrower default on $12 million loan

Representative Bankruptcy Matters

In re Rite Aid Corporation (N.J.)—representing landlords in the Rite Aid bankruptcy, including negotiation of lease amendments and assumption and rejection of leases
In re Party City (S.D. Tex.)—guided a landlord through the amendment of a significant master lease with Party City and sat on the unsecured creditors committee
In re Pier 1 Imports, Inc. (E.D. Va.)—represented large technology company in obtaining full payment of its +$100,000 administrative expense claim

In re Barneys New York, Inc. (S.D.N.Y.)—obtained significant payment of administrative claim in an administratively insolvent case
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
In re NPC International, Inc. (S.D. Tex.)—represented a landlord in the bankruptcy of the largest franchisee of Pizza Hut and Wendy’s
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

Professional Highlights

Professional Activities

American Bankruptcy Institute

Bay Area Bankruptcy Forum

California Receivers Forum

International Council of Shopping Centers

Recognition & Accomplishments

The Best Lawyers in America, "Ones to Watch," – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Real Estate Litigation (Los Angeles), 2021-2024; Construction Litigation (Los Angeles), 2022-2024

Speaking Engagements

Speaker, "Retail Apocalypse: The State of Retail Bankruptcies," State Bar of Arizona 2019 Convention, June 28, 2019

Speaker, "Nuts and Bolts of Adversary Proceedings," State Bar of Arizona 2018 Convention, June 29, 2018

Speaker, "Let's Ask the Bankruptcy Bar: Ethical Issues in Bankruptcy," State Bar of Arizona 2015 Convention, June 26, 2015

Board Memberships & Community Service

Big Brothers Big Sisters – Mentor

Publications

"Problems in the Code: Section 365(d)(3): More Bark or Bite?" American Bankruptcy Institute Journal, May 1, 2019

"Problems in the Code: Landlords, Beware! When Does the § 502(b)(6) Calculation Start?," American Bankruptcy Institute Journal, August 1, 2016

Related Insights

Credentials

Education

University of Arizona, James E. Rogers College of Law (J.D. 2012)
Articles Editor, Arizona Law Review

Occidental College (B.A. in Economics, with distinction, 2009)

Admissions

Arizona

California

Utah