Michael A. DiGiacomo is a member of the Litigation Department and Bankruptcy, Reorganization and Capital Recovery Group. Michael represents a diverse group of clients, including Real Estate Investment Trusts (REITs), secured lenders, financial institutions, private equity companies, special servicers, technology companies, and various other businesses in commercial litigation, business disputes, and corporate bankruptcies in courts throughout the country.
In his litigation practice, Michael counsels clients on all aspects of litigation. He handles matters from the initial resolution phase through trial. Michael represents corporate clients in actions that typically involve distressed assets, enforcement of real estate leases and purchase agreements, forcible detainer (eviction) actions, receiverships, garnishments, and judgment enforcement proceedings.
Experience
Representative Matters
Represented Real Estate Investment Trusts (REITs) and other commercial landlords in the following bankruptcies:
In re HH Liquidation, LLC (f/k/a Haggen Holdings, LLC (Del.) – advised landlord holder of 20-property master lease, including the restructuring of the master lease, guiding landlord through auction and sale process, disposition of rejected leases, and significant involvement in adversary proceeding filed against debtors by unsecured creditor committee.
In re Pancakes & Pies, LLC et al (f/k/a Perkins & Marie Callender’s, LLC) (Del.)— advised landlord in national restaurant operator and franchisor’s reorganization and closure of more than 30 stores, including preserving landlord’s rights for leases assumed by Perkins.
Professional Highlights
Judicial Clerkships
Hon. David T. Thuma, U.S. Bankruptcy Court for the District of New Mexico, 2014-2015
Judicial Externships
Hon. David C. Bury, U.S. District Court for the District of Arizona, summer 2012
Professional Activities
Bankruptcy Section Executive Counsel, State Bar of Arizona
Member, American Bankruptcy Institute
Recognition & Accomplishments
The Best Lawyers in America "Ones to Watch," – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Phoenix), 2021
Speaking Engagements
"The Modernization of Bankruptcy, The Small Business Reorganization Act of 2019," State Bar of Arizona, Bankruptcy Section, October 2019
Panelist, "Third Party Litigation Financing," American Bankruptcy Institute, 2019 Southwest Bankruptcy Conference, September 2019
"Bankruptcy Developments and Best Practices," Arizona State Bar Convention, Tucson, June 15, 2017
Board Memberships & Community Service
Volunteer Attorney, Community Legal Services, Children's Law Center
Volunteer Attorney, Wills for Arizona Veteran Heroes Clinics
Publications
Co-author, "Ninth Circuit Finds that 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure of Underlying Property," The Bankruptcy Strategist, July 2017
Credentials
Education
University of Arizona James E. Rogers College of Law (J.D. 2014, magna cum laude)
Arizona Law Review, Articles Editor; Order of the Coif
Ninth Circuit Appellate Advocacy Clinic; Volunteer Lawyers Program
University of Arizona (B.A. 2006, magna cum laude)
Phi Beta Kappa
Admissions
Arizona
Nevada
U.S. District Court for the District of Arizona
U.S. District Court of the District of Nevada
Ninth Circuit Court of Appeals