Michael Lichtenstein is a shareholder in the Litigation and Corporate Department and 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, 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.
- 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.
- Three Shulman Rogers Attorneys Named to Washingtonian Magazine's 2017 Top Lawyers Listing
- Best Lawyers in America® recognizes 9 Shulman Rogers attorneys for 2018
- Michael Lichtenstein and Sara Michaloski published by LexisNexis
- As published in Pratt's Journal of Bankruptcy Law: A Split Supreme Court Leaves Spousal Guarantees Up in the Air, Written by Michael Lichtenstein and Megan Raker
- Shulman Rogers Attorneys Honored by Inclusion on 2017 Best Lawyers Listing
- As published in Pratt's Journal of Bankruptcy Law: Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings, Written by Michael Lichtenstein
- Shulman Rogers Attorneys Honored by Inclusion on 2016 Maryland and Washington DC Super Lawyers Listings
- Shulman Rogers Attorneys Honored by Inclusion on 2015 Washingtonian Top Lawyers Listing
- As published in The Banking Law Journal: Violating A Debtor's Discharge Injunction: Lenders Beware, Written by Michael Lichtenstein
- As published in Law360: Minor League Team Owner Ducks Bid To Reopen Lien Case, Represented by Michael Lichtenstein
- Shulman Rogers Attorneys Honored by Inclusion on 2016 Best Lawyers Listing
- As published in Law360: Eaglebank Lien Ruled Senior In Minor League Team Spat, Represented by Michael Lichtenstein
- Shulman Rogers Attorneys Honored by Inclusion on 2015 Best Lawyers Listing
- Maryland's Healthy Back Store Files for Bankruptcy
- Shulman Rogers Attorneys Honored by Inclusion on 2015 Maryland Super Lawyers Listing
- Montgomery Businesses Engage in a Day of Service
- Michael Lichtenstein named to SmartCEO's Legal Elite
- Michael Lichtenstein Discusses Bankruptcy
- Local Lawyer Makes Community Service A Family Priority
- Uncertain times for Rosecroft — again
- Shulman, Rogers, Gandal, Pordy & Ecker will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A Advisor Awards
- Rosecroft Bankruptcy Settlement Approved
- Penn National closes on Rosecroft sale
- Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010
- Judge approves Penn National's purchase of Rosecroft
- Penn National to buy Rosecroft Raceway for $10.2 million, with goal to add slots at track
- Orioles owner Angelos is interested in buying Rosecroft Raceway
- Bia Pro Bono Project Update
- Shulman Rogers Helps Client Reorganize for Success
- Lender Liability: Avoid It Like The Plague!- February 2017
- A Split Supreme Court Leaves Spousal Guarantees Up in the Air- Pratt's Journal of Bankruptcy Law, October 2016
- Violating a Debtor's Discharge Injunction: Lender's Beware-The Banking Law Journal, October 2015
- Workouts and Forbearance Agreements - TSL Express, a product of the Secured Lender, July 9, 2014
- Commercial Loan Officers’ Authority to Bind a Bank- The Banking Law Journal, September 2013
- Non-Dischargeability of Debts Under Section 523(A)(2)(B) of the Bankruptcy Code, The Banking Law Journal, June 2009
- Assertions of Insolvency in Avoidance Actions to Rebut Financial Statements, American Bankruptcy Institute Journal, October 2005
- Landlord-Tenant Bankruptcy
- A Commercial Landlord's Damage Remedies in a Tenant's Bankruptcy Proceedings- Real Estate Finance Journal, Winter 2013/2014
- What Are A Tenant's Rights When A Landlord Files For Bankruptcy? Real Estate Law Journal Summer, 2012 with Richard Goldberg
- The Payment of "Stub Rent" Under the Bankruptcy Code, Real Estate Law Journal, Fall, 2007
- 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
- Calculating a Landlord's Claim in Bankruptcy, Real Estate Law Journal, Fall, Volume 32, Number 2, 2003
- Chapter 11 Issues
- The Enforcement of Arbitration Agreements in Bankruptcy Proceedings- Pratt's Journal of Bankruptcy Law, June 2017
- Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings- Pratt's Journal of Bankruptcy Law, April/May 2016
- Can Consent Be Implied In A Sale Of Property Free And Clear Of Liens Under Section 363(F) Of The Bankruptcy Code?- Pratt's Journal of Bankruptcy Law, January 2015
- Asset Sales and Structured Dismissals in Chapter 11- Pratt's Journal of Bankruptcy Law, January 2014
- 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
- The Treatment of IRUs in Bankruptcy Proceedings, In the Matter of Rural Health Care Support Mechanism WC Docket No. 02-60, July 15, 2010
- The Imposition of Constructive Trusts in Bankruptcy Proceedings (with Stephen A. Metz), ABI Business Reorganization Committee Newsletter, Volume 7, Number 2, 2008
- Bankruptcy Courts' Treatment of Severance Agreements Providing for Continued Payments to Former Employees, Business Law Brief, Fall 2006
- 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
- The Treatment of IRUs in Bankruptcy Proceedings, Journal of Bankruptcy Law and Practice, November/December, Volume 11, Number 1, 2001
- Who Is An Insider For Voting Purposes in a Single Asset Chapter 11?, Bankruptcy Law and Practice, March/April, Volume 10, Number 3, 2001
- Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010, American Bankruptcy Institute Journal, February 2011
- Settling the Law in the Circuits: Presenting Hearsay Evidence in a Preliminary Injunction Hearing, American Journal of Trial Advocacy, American Journal of Trial Advocacy, Fall 2005
- Service of Process on a Defendant's Counsel in an Adversary Proceeding, American Bankruptcy Institute Journal, June 2005
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