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Michael J. Lichtenstein
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
T (301) 230-5231
F (301) 230-2891
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Michael Lichtenstein is a shareholder in the Litigation and Corporate Department and co-chair of the Bankruptcy and Creditors' Rights Group, who practices in the areas of workouts, bankruptcy litigation and commercial litigation. His practice includes retention as an expert witness, representation of financial institutions, creditors' committees, creditors, landlords, debtors and equity holders in Chapter 11 proceedings in more than ten states and in commercial litigation in state and federal courts.  Mr. Lichtenstein has represented several telecommunications companies defense contractors, high tech companies and various furniture retail chains in large Chapter 11 proceedings with debts ranging from $25 to $400 million and has represented companies in a variety of industries in the purchase and sale of assets in bankruptcy proceedings.  

Mr. Lichtenstein has represented banks, financial institutions and various creditors in commercial litigation involving contracts, securities, telecommunications, construction, commercial leases and trademarks.  He has litigated in state and federal courts across the country and has argued several times before the United States Court of Appeals for the Fourth Circuit. 

Prior to joining Shulman Rogers, Mr. Lichtenstein was a litigation and bankruptcy partner at Swidler Berlin, L.P. in Washington, D.C.

News

Publications

  • Workouts and Forbearance AgreementsTSL Express, a product of the Secured Lender, July 9, 2014
  • A Commercial Landlord's Damage Remedies in a Tenant's Bankruptcy Proceedings - Real Estate Finance Journal, Winter 2013/2014
  • Asset Sales and Structured Dismissals in Chapter 11 - Pratt's Journal of Bankruptcy Law, January 2014
  • Commercial Loan Officers’ Authority to Bind a Bank - The Banking Law Journal, September 2013
  • Insolvency - Chapter 11 Reorganization or Liquidation for Businesses in the United States 
    Lawrope International , March, 2012
  • Disappointed Bidders Don’t Have Standing to Appeal an Order Approving a Sale of Assets
    XXXI ABI Journal 2, March 2012 
  • What Are A Tenant's Rights When A Landlord Files For Bankruptcy? Real Estate Law Journal Summer, 2012 with Richard Goldberg
  • Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010, American Bankruptcy Institute Journal, February 2011
  • The Treatment of IRUs in Bankruptcy Proceedings, In the Matter of Rural Health Care Support Mechanism WC Docket No. 02-60, July 15, 2010
  • Non-Dischargeability of Debts Under Section 523(A)(2)(B) of the Bankruptcy Code, The Banking Law Journal, June 2009
  • The Imposition of Constructive Trusts in Bankruptcy Proceedings (with Stephen A. Metz), ABI Business Reorganization Committee Newsletter, Volume 7, Number 2, 2008
  • The Payment of "Stub Rent" Under the Bankruptcy Code, Real Estate Law Journal, Fall, 2007
  • Bankruptcy Courts' Treatment of Severance Agreements Providing for Continued Payments to Former Employees, Business Law Brief, Fall, 2006
  • Assertions of Insolvency in Avoidance Actions to Rebut Financial Statements, American Bankruptcy Institute Journal, October, 2005
  • How New Bankruptcy Code Changes Affect Tenants, Commercial Tenant Lease Insider, August, 2005
  • How New Bankruptcy Code Changes Will Affect You, Commercial Lease Law Insider, July, 2005
  • Service of Process on a Defendant's Counsel in an Adversary Proceeding, American Bankruptcy Institute Journal, June, 2005
  • Supreme Court Ducks Sovereign Immunity Question: A Recap of Circuit Conflicts, American Bankruptcy Institute Journal, July/August, 2004
  • Violations of the Automatic Stay: Void or Voidable, American Bankruptcy Institute Journal, May, 2004
  • Calculating a Landlord's Claim in Bankruptcy, Real Estate Law Journal, Fall, Volume 32, Number 2, 2003
  • Who Is An Insider For Voting Purposes in a Single Asset Chapter 11?, Bankruptcy Law and Practice, March/April, Volume 10, Number 3, 2001
  • The Treatment of IRUs in Bankruptcy Proceedings, Journal of Bankruptcy Law and Practice, November/December, Volume 11, Number 1, 2001

Seminars & Speaking Engagements

  • "Commercial Lease Damages in Bankruptcy Proceedings", Maryland Bankruptcy Bar Association, February 26, 2014
  • "Exit Strategies in Chapter 11: Asset Sales and Structured Dismissals," The Twelfth Annual Spring Break Weekend, Maryland Bankruptcy Bar Association May, 2012
  • MICPEL, Advanced Real Property Institute, October 7, 2009 “Bankruptcy Brush Up:  What to do when a landlord files?”
  • Recent Case Developments in Consumer and Business Bankruptcy Cases, The Tenth Annual Spring Break Weekend, Maryland Bankruptcy Bar Association
  • Chair, Loan Workout, Bankruptcy and Collateral Liquidation in the District of Columbia, Lorman Education Services

Professional & Community Affiliations

  • American Bankruptcy Institute, Member
  • Walter Chandler Inns of Court, Master
  • American Bar Association, Member
  • Maryland Bankruptcy Bar Association, Member
Education
  • American University, Washington College of Law, Washington, District of Columbia, 1988, J.D., Honors: Member, Law Review
  • University of Pennsylvania, 1982, Ph.D., Major:  Criminology
  • University of Pennsylvania, 1980, M.A., Major:  Criminology
  • Brandeis University, 1979, B.A., Honors: Four year starter on varsity soccer team, Division III National Champions; Honors: Member of the Brandeis University Athletic Hall of Fame
  • Israel Defense Force, Former tank officer
Bar & Court Admissions
  • District of Columbia
  • Maryland
  • U.S. Court of Appeals, 4th Circuit
Honors & Awards
  • Washingtonian Magazine, Top Bankruptcy Lawyers, 2009, 2011, 2013
  • Best Lawyers in Washington, DC,Washington Post, 2014
  • Board of Directors, Montgomery County Coalition for the Homeless, 2013
  • SmartCEO Legal Elite, 2013
  • Maryland Superlawyers, Bankruptcy, 2010 - 2013
  • District of Columbia Superlawyers, Bankruptcy, 2011 - 2013
  • Washington DC Top Rated Lawyers 2012
  • The Best Lawyers in America, 2014, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law