Michael S. Myers

Of Counsel

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 commercial litigation, primarily in the areas of real property, retail/restaurant/hospitality, technology and distressed assets. Michael is associated with the firm’s Phoenix and Los Angeles 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 litigation matters typically involve distressed assets, enforcement of real estate leases, enforcement of real property purchase agreements, loan default actions, enforcement of contract guarantees, 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
Counsels a Fortune 500 technology company in bankruptcy proceedings
Assisted a large bank obtain a settlement and release and avoid liability relating to a $5 million wire sent by fraudulent means

Obtained the dismissal of a lawsuit against a large cable company by a customer alleging trespass and civil theft
Represented commercial landlords and lenders in numerous eviction actions, including obtaining an eviction judgment at trial and obtaining and enforcing writs of restitution
Successfully prosecuted interpleader actions on behalf of neutral parties holding funds in dispute by other parties to held the client avoid potential liability
Prosecuted and defended applications for temporary restraining orders and preliminary injunctions
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

Best Lawyers, "Ones to Watch," 2021-2023

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 1st, 2019

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