Michael A. DiGiacomo

Associate

Digiacomom@ballardspahr.com
Tel 602.798.5505
Fax 602.798.5595
Phoenix

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.

In the bankruptcy context, Michael has experience representing creditors in complex Chapter 11 reorganizations. He routinely advises clients on bankruptcy issues, including guiding clients through 363 asset sales, disclosure statements and plans of reorganization, assumption and assignment of leases and executory contracts, stay relief proceedings, filing proofs of claim and claims analysis, and fraudulent transfer and preference actions. Michael has significant experience representing creditor-clients in high profile retail and restaurant bankruptcies throughout the country.

Judicial Clerkships

Hon. David T. Thuma, U.S. Bankruptcy Court for the District of New Mexico, 2014-2015

Externship - Hon. David C. Bury, U.S. District Court for the District of Arizona, summer 2012

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.

Ignite Restaurant Group, Inc., et al. (S. D. Tex.) – represented REIT in bankruptcy of Ignite Restaurant Group, LLC, which operated Joe’s Crab Shack and Brick House Tavern + Tap restaurants, and its store closures and subsequent acquisition by KRG Acquisitions Co., LLC.

In re Fred’s, Inc (Del.) – advised REIT in bankruptcy and liquidation of Fred’s, Inc, which operated 568 discount merchandise and pharmacy locations in 15 states, including rejection of leases and filing of rejection damages proof of claim.

In re Double Jump, Inc. (Nev.) – represented Las Vegas based national landlord in bankruptcy of solar energy manufacturing and investment entities following FBI-raid and civil asset seizures amid Ponzi-scheme allegations.

In re Sternschnuppe, LLC (Nev.)—represented landlord in the reorganization of a large Nevada-based sheet metal fabricator.

Represented secured lenders, trade creditors and other creditors in the following bankruptcies:

In re Sears Holding Corporation (S.D.N.Y.)—advised multiple trade creditors in the bankruptcy of Sears on their rights related to threatened preference and fraudulent transfer complaints

In re Alessi & Koenig, LLC (Nev.)—obtained excess proceeds from residential property foreclosure sales on behalf of trustees for pooled mortgage trust certificate holders

In re C&M Plastics, LLC (Ariz.)—represented secured lender and equipment lien older in reorganization of plastics manufacturer

In re Bishop Gorman Development Corp. (Nev.)—represented secured creditor with regard to protecting interest under development declarations

Counsels a Fortune 500 consumer financial services company regarding consumer credit policies and related bankruptcy implications

Represented commercial landlords and lenders in numerous eviction actions

Professional Activities

Section Executive Counsel, State Bar of Arizona

Member, American Bankruptcy Institute

Publications

Co-author, "Ninth Circuit Finds that 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure of Underlying Property," The Bankruptcy Strategist, July 2017

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

Community Activities

Volunteer Attorney, Community Legal Services, Children's Law Center

Volunteer Attorney, Wills for Arizona Veteran Heroes Clinics

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

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