Michael Myers

Michael S. Myers

Of Counsel
Phoenix
Los Angeles

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.

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

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

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