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Michael J. Lichtenstein
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
F (301) 230-2891
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Michael Lichtenstein is a shareholder in the Litigation and Corporate Department and chair of the Bankruptcy, Restructuring and Creditors' Rights Group, who practices in the areas of workouts, bankruptcy litigation and commercial litigation. His practice includes retention as an expert witness, Chapter 11 mediator, representation of financial institutions, creditors' committees, creditors, landlords, debtors and equity holders in Chapter 11 proceedings in more than ten states.  Michael has represented 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.  

Michael 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 and Third Circuit. 

Prior to joining Shulman Rogers, Michael was a litigation and bankruptcy partner at Swidler Berlin, L.P. in Washington, D.C.  He has an AV Preeminent rating from Martindale-Hubbell, a recognition of excellence from both his fellow attorneys and the judiciary.

REPRESENTATIVE MATTERS

  • Settled state court breach of contract and breach of fiduciary duty limited liability litigation that resulted in multi-million dollar payment to clients.
  • Obtained order converting Chapter 11 to Chapter 7 proceeding in case involving solar energy and cryptocurrency.
  • Won an appeal in the United States Court of Appeals for the Third Circuit affirming the lower court's decision that lending institution client had a first lien priority on the borrower's assets on account of a $3.2 million loan and allowing the bank to collect $1.2 million being held in the court registry.
  • Successfully settled a $6 million suit filed for plaintiff in Montgomery County Circuit Court in Maryland through the use of mediation that resulted in monthly payments to client.
  • Appointed by a Maryland Bankruptcy judge as a mediator in a large Chapter 11 proceeding with a trustee who sued several defendants over significant multi-million dollar disputes about lien priorities and entitlement to sales proceeds.
  • Successfully defeated motion to dismiss lawsuit in federal court in Greenbelt, Maryland in suit against insurance company for coverage related to fraudulently issued $1 million letter of credit.
  • Won Board of Immigration Appeals' affirmance of immigration judge's grant of asylum for pro bono client from Guinea who fled the country because of religious persecution. The BIA affirmed the immigration judge and then denied DHS' subsequent motion for reconsideration.
  • Successful representation of pro bono client from Burundi seeking asylum before the Board of Immigration Appeals.

News

Publications

Seminars & Speaking Engagements

  • Commercial Bankruptcy Presentation, Law School for the Public - Montgomery Community Media TV, January 13, 2016
  • "Chapter 11 Structured Dismissals - Viable Exit Strategy or Impermissable", October 28, 2014
  • "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
  • Maryland Bar Association, Member
  • Resolution Advocate for the United States Bankruptcy Court for the District of Maryland
  • Appointed as Mediator in Chapter 11 Proceedings by the United States Bankruptcy Court for the District of Maryland
  • Montgomery County Coalition for the Homeless, Board of Directors, 2013 - present
  • Kids in Need Distributors, Volunteer
Education
  • American University, Washington College of Law, J.D., 1988, Honors: Member, Law Review
  • University of Pennsylvania, Ph.D. in Criminology, 1982
  • University of Pennsylvania, M.A. in Criminology, 1980
  • Brandeis University, B.A., 1979, Honors: Member of the Brandeis University Athletic Hall of Fame, Four-year starter on varsity soccer team, Division III National Champions 
  • Israel Defense Force, Former Tank Officer
Bar & Court Admissions
  • District of Columbia
  • Maryland
  • U.S. Court of Appeals, 4th Circuit
Honors & Awards
  • Chambers and Partners, 2017, Bankruptcy/Restructuring - Maryland
  • The Best Lawyers in America, 2014-2019, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law 
  • Maryland Super Lawyers, Business Litigation 2015 - 2018
  • District of Columbia Super Lawyers, Business Litigation, 2014 - 2018
  • Maryland Super Lawyers, Bankruptcy, 2010 - 2014
  • District of Columbia Super Lawyers, Bankruptcy, 2011 - 2013
  • Washingtonian Magazine, Top Bankruptcy Lawyers, 2009, 2011, 2013, 2015, 2017
  • Best Lawyers in Washington, DC, Washington Post, 2014
  • SmartCEO Legal Elite, 2013
  • Washington DC Top Rated Lawyers, 2012
  • Martindale-Hubbell AV Preeminent Rating
  • Governor's Volunteer Service Certificate, 2014