PMI Moves Closer to Confirmation of Reorganization Plan
October 14, 2020
Under the guidance of its counsel Shulman Rogers and Michael Lichtenstein, PMI has moved one step closer to confirmation of its reorganization plan.
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Michael Lichtenstein is a seasoned litigator who is recognized for his excellence in Best Lawyers in America, Best Lawyers in Washington, DC, Maryland and DC Super Lawyers, the Washingtonian, Smart CEO and in Chambers and Partners, which notes his “quality” as both a lawyer and mediator. Michael has delivered successful outcomes for financial institutions, creditors’ committees, creditors, property owners, debtors and equity holder clients in Chapter 11 proceedings in a dozen states, including Maryland, DC, Virginia, West Virginia, Delaware, Pennsylvania, New Jersey, Tennessee, California and New York. He has helped clients in a wide range of industries, including telecommunications, defense, real estate, technology and retail chains, in matters ranging from $25 to $400 million.
Debtor and creditor clients in or facing Chapter 11 proceedings have found Michael’s background as a corporate board member and his business focus a tremendous asset in successfully navigating the process. Michael represents clients from a variety of industries in the purchase or sale of assets in bankruptcy proceedings. He also provides expert witness and mediator services in Chapter 11 matters.
In addition to representing companies in bankruptcy and restructuring, Michael delivers successful outcomes in commercial litigation matters involving contracts, securities, telecommunications, construction, commercial real estate and intellectual property matters. He litigates in state and federal courts across the country and has argued several times before the United States Courts of Appeals for the Fourth Circuit and Third Circuit.
Michael is a shareholder in the Litigation and Business and Financial Services Departments, chair of the Bankruptcy, Restructuring and Creditors’ Rights Group, and a member of the firm’s Board of Directors. Prior to joining Shulman Rogers, he was a litigation and bankruptcy partner at Swidler Berlin, L.P. in Washington, DC. He has earned an AV Preeminent rating from Martindale-Hubbell, a recognition of excellence from both his fellow attorneys and the judiciary.
Professional & Community Affiliations
- Montgomery County Coalition for the Homeless, Chair, Board of Directors; Board Member since 2013
- 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
- Kids in Need Distributors, Volunteer
- Successfully represented Redox Power Systems, LLC, a solid oxide fuel cell company, in its Chapter 11 proceeding. After four months of intense litigation and a four day contested confirmation hearing, the United States Bankruptcy Court for the District of Maryland confirmed Redox’s plan of reorganization in a 32-page opinion.
- 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.
- Life Fellow, American Bar Foundation
- The Best Lawyers in America, 2014-2021, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
- Chambers and Partners, 2018-2020, Bankruptcy/Restructuring – Maryland
- Maryland Super Lawyers, Business Litigation 2015-2020
- District of Columbia Super Lawyers, Business Litigation, 2014-2019
- Top Bankruptcy and Creditors’ Rights Attorney, Bethesda Magazine, 2019
- Washingtonian Magazine, Top Bankruptcy Lawyers, 2009, 2011, 2013, 2015, 2017, 2018
- Martindale-Hubbell AV Preeminent Rating
- Governor’s Volunteer Service Certificate, 2014
- “The ABC’s of a Business Bankruptcy” D.c. Bar Pro Bono Center, May 21, 2020
- “Chapter 11, the Maryland Commercial Receivership Act and Commercial Real Estate Issues” Advanced Real Property Institute, November 7, 2019
- “Workouts, Turnarounds and Chapter 11 Highlights,” April 16, 2019
- 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
- “Bankruptcy Brush Up: What to do when a landlord files?” MICPEL, Advanced Real Property Institute, October 7, 2009
- 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
Publications
Banking
- 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 200
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
Litigation
- Exceptions to the Attorney-Client and Work Product Privilege, Pratt’s Privacy & Cybersecurity Law Report, September 2018
- 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
- “The ABC’s of a Business Bankruptcy” D.c. Bar Pro Bono Center, May 21, 2020
- “Chapter 11, the Maryland Commercial Receivership Act and Commercial Real Estate Issues” Advanced Real Property Institute, November 7, 2019
- “Workouts, Turnarounds and Chapter 11 Highlights,” April 16, 2019
- 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
- “Bankruptcy Brush Up: What to do when a landlord files?” MICPEL, Advanced Real Property Institute, October 7, 2009
- 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
News & Events
Best Lawyers in America® Recognizes 13 Shulman Rogers Attorneys for 2021
August 20, 2020
Thirteen Shulman Rogers attorneys have been named to the 2021 Best Lawyers in America® list.
Restructuring a Small Business: 5 Benefits of Filing Under the Small Business Reorganization Act (subchapter V of Chapter 11)
June 9, 2020
In these difficult economic times, many small business owners will face what they might view as insurmountable challenges. One option to be considered is filing a petition under subchapter V of Chapter 11
Register for The ABC’s of a Business Bankruptcy — Webinar
May 19, 2020
Join the D.C. Bar Pro Bono Center, DC Startup Week, the D.C. Department of Small & Local Business Development, and Michael Lichtenstein from Shulman Rogers for this webinar on business bankruptcy.
Michael Lichtenstein Representing PMI in Chapter 11 Proceeding
May 8, 2020
On Thursday, May 7, 2020, Parking Management, Inc. (“PMI”) announced that it has filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code and the Small Business Reorganization Act. Michael Lichtenstein, Chair of the Shulman Rogers Bankruptcy, Restructuring and Creditors’ Rights Practice, represents PMI in the Chapter 11 proceeding.
Attention: Frontier Communications Customers
April 27, 2020
If you are a Frontier Communications customer, please read:Frontier Communications Corporation has filed for Chapter 11 bankruptcy protection which, with its bondholders’ support, seeks to reduce the company’s debt by $10 billion.
The Small Business Reorganization Act For Troubled Companies
April 14, 2020
The Small Business Reorganization Act of 2019 went into effect on February 20, 2020. The Act was designed to streamline the restructuring process for small businesses facing financial woes: entities whose total non-contingent liquidated secured and unsecured debts do not exceed $2,725,625.
Navigating these Troubled Times of COVID-19 – WE CAN HELP
March 23, 2020
There are dire health and economic consequences resulting from the COVID-19 virus. Exacerbated by state wide mandated closures, many small businesses are suffering and being forced to close or furlough employees.
Twelve Shulman Rogers Attorneys Named to 2020 Maryland Super Lawyers List
December 6, 2019
Twelve Shulman Rogers attorneys have been named to the 2020 Maryland Super Lawyers or 2020 Maryland Rising Stars list.
Shulman Rogers Attorneys to Present at the 2019 Advanced Real Property Institute in November 2019
August 21, 2019
Widely recognized for their experience and leadership in the legal community, Shulman Rogers attorneys Sarah Cline and Michael Lichtenstein will all serve as presenters at the Maryland State Bar Association’s 2019 Advanced Real Property Institute on Thursday, November 7, 2019 at the Sheraton Columbia Town Center Hotel in Columbia, Maryland. For more information and to…
Michael J. Lichtenstein Appointed Chair of the Board of Directors for Montgomery County Coalition for the Homeless
July 10, 2019
Michael Lichtenstein, Shulman Rogers’ Bankruptcy, Restructuring and Creditors’ Rights Practice Group Chair, was recently named Chair of the Board of Directors for Montgomery County Coalition for the Homeless (MCCH). Michael has served as a volunteer and member of the MCCH Board of Directors since 2013 and was deeply honored by this appointment. Reflecting on his…
Bankruptcy Roundtable: Workouts, Turnarounds and Chapter 11 Highlights
March 28, 2019
Join us on Tuesday, April 16 for an engaging presentation designed for bankers, creditors, landlords and business owners. Discussion Topics […]
A Powerful Win
March 14, 2019
Michael Lichtenstein, Chair of Shulman Rogers’ Bankruptcy/Restructuring group, represented Redox Power Systems, LLC, a solid oxide fuel cell company, in […]
Thirteen Shulman Rogers attorneys named to 2019 Maryland Super Lawyers list
December 11, 2018
POTOMAC, Md., December 11, 2018 — Thirteen Shulman Rogers attorneys have been named to the 2019 Maryland Super Lawyers and […]
Best Lawyers in America® recognizes 9 Shulman Rogers attorneys for 2019
September 5, 2018
POTOMAC, Md., Sept. 5, 2018 /PRNewswire/ — Ten Shulman Rogers attorneys have been named to the 2019 Best Lawyers in America® list. Recognized attorneys and their respective […]
Three Shulman Rogers Attorneys Named to Washingtonian Magazine’s 2017 Top Lawyers Listing
December 8, 2017
Shulman Rogers is proud to announce that the Washingtonian Magazine has listed three of the firm’s attorneys to the 2017 […]
Best Lawyers in America® recognizes 8 Shulman Rogers attorneys for 2018
October 13, 2017
Nine Shulman Rogers attorneys have been named to the 2018 Best Lawyers in America® list. Recognized attorneys and their respective practice areas […]
Michael Lichtenstein and Sara Clasper published by LexisNexis
May 6, 2017
Michael Lichtenstein and Sara Clasper’s article “The Enforcement of Arbitration Agreements in Bankruptcy Proceedings” was published in the May 2017 issue […]
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
September 19, 2016
“A Split Supreme Court Leaves Spousal Guarantees Up in the Air,” an article written by Michael Lichtenstein of the Bankruptcy and […]
Shulman Rogers attorneys honored by inclusion on 2017 Best Lawyers listing
August 15, 2016
POTOMAC, Md., Aug. 15, 2016 — Shulman Rogers is pleased to announce the following attorneys were named to the 2017 Best […]
As published in Pratt’s Journal of Bankruptcy Law: Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings, Written by Michael Lichtenstein
April 19, 2016
“Lifestyles of the Rich and Not So Famous in Bankruptcy Proceedings,” an article written by Michael Lichtenstein, co-chair of Shulman Rogers’ Bankruptcy […]
Shulman Rogers attorneys honored by inclusion on 2016 Maryland and Washington DC Super Lawyers listings
December 10, 2015
POTOMAC, Md., December 10, 2015 — Shulman Rogers is pleased to announce the following attorneys were named to the 2016 […]
Shulman Rogers attorneys honored by inclusion on 2015 Washingtonian Top Lawyers listing
December 4, 2015
POTOMAC, Md., Dec.1, 2015 — Shulman Rogers is pleased to announce the following attorneys were named to the 2015 Washingtonian […]
Chapter 11 Structured Dismissals: Viable Exit Strategy or Impermissible Under Bankruptcy Code?
November 10, 2015
Read MoreAs published in The Banking Law Journal: Violating A Debtor’s Discharge Injunction: Lenders Beware, Written by Michael Lichtenstein
October 24, 2015
“Violating a Debtor’s Discharge Injunction: Lender’s Beware,” an article written by Michael Lichtenstein, co-chair of Shulman Rogers’ Bankruptcy and Creditor’s […]
As published in Law360: Minor League Team Owner Ducks Bid To Reopen Lien Case, Represented by Michael Lichtenstein
August 27, 2015
Law360, New York (August 27, 2015, 8:32 PM ET) — A Pennsylvania federal judge on Thursday denied an Eagle Bancorp. Inc. […]
Shulman Rogers attorneys honored by inclusion on 2016 Best Lawyers listing
August 18, 2015
POTOMAC, Md., Aug. 18, 2015 — Shulman Rogers is pleased to announce the following attorneys were named to the 2016 […]
Chapter 11 Structured Dismissals: What You Need to Know
August 11, 2015
PRESENTER: MICHAEL LICHTENSTEIN 3:00PM-4:15PM, EDT TUESDAY, AUGUST 11, 2015 Chapter 11 debtors are increasingly considering structured dismissals as a viable exit […]
As published in Law360: Eaglebank Lien Ruled Senior In Minor League Team Spat, Represented by Michael Lichtenstein
July 7, 2015
Law360, New York (July 7, 2015, 10:27 PM ET) — An Eagle Bancorp Inc. unit’s security interest in a $1.25 […]
Shulman Rogers attorneys honored by inclusion on 2015 Best Lawyers listing
May 11, 2015
POTOMAC, Md., May 11, 2015 — Shulman Rogers is pleased to announce the following attorneys were named to the 2015 […]
Maryland’s Healthy Back Store Files for Bankruptcy
April 1, 2015
As reported in Daily Bankruptcy Review today, The Healthy Back Store LLC, a Maryland-based retailer of Herman Miller chairs and […]
Shulman Rogers Attorneys Honored by Inclusion on 2015 Maryland Super Lawyers Listing
December 18, 2014
Shulman Rogers is pleased to announce the following attorneys were named to the 2015 Maryland Super Lawyers listing: Jay M. […]
Montgomery Businesses Engage in a Day of Service
November 17, 2014
Thanks to Michael Lichtenstein and his Bankruptcy and Creditors’ Rights team as they worked together to brighten the lives of […]
Chapter 11 Structured Dismissals: Viable Exit Strategy or Impermissible Under Bankruptcy Code?
October 28, 2014
Evaluating Benefits to Debtors and Creditors, Provisions of Dismissal Orders, and Key Objections to Structured Dismissals ALIVE 90-MINUTE CLE WEBINAR WITH INTERACTIVE […]
Michael Lichtenstein named to SmartCEO’s Legal Elite
December 14, 2012
Read MoreMichael Lichtenstein Discusses Bankruptcy
September 28, 2012
Michael Lichtenstein on Bankruptcy
Local Lawyer Makes Community Service A Family Priority
March 26, 2012
Read MoreUncertain times for Rosecroft — again
February 27, 2012
Read MoreShulman Rogers will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A Advisor Awards
December 13, 2011
Shulman Rogers will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A […]
Shulman Rogers will be recognized for work on ‘Turnaround and Restructuring of Classic Brands’ transaction during the 10th Annual M&A Advisor Awards
December 13, 2011
Read MoreRosecroft Bankruptcy Settlement Approved
May 19, 2011
Rosecroft bankruptcy settlement approved Posted: 7:33 pm Thu, May 19, 2011 By Rachel Bernstein Daily Record Business Writer A settlement […]
Penn National closes on Rosecroft sale
February 28, 2011
By Rachel Bernstein Daily Record Business Writer Penn National Gaming Inc. closed Monday on its sale of Rosecroft Raceway, but […]
Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010
February 9, 2011
Read MoreJudge approves Penn National’s purchase of Rosecroft
February 2, 2011
Read MorePenn National to buy Rosecroft Raceway for $10.2 million, with goal to add slots at track
January 28, 2011
Read MoreOrioles owner Angelos is interested in buying Rosecroft Raceway
January 5, 2011
Read MoreBia Pro Bono Project Update
July 1, 2010
Read MoreShulman Rogers Helps Client Reorganize for Success
January 5, 2010
Classic Sleep Files Chapter 11 to Pave Way for New Investor David Perry Furniture Today JESSUP, Md. — Classic Sleep […]
Practice Areas
Education
- American University, Washington College of Law, J.D., 1988, Law Review
- University of Pennsylvania, Ph.D. in Criminology, 1982
- University of Pennsylvania, M.A. in Criminology, 1980
- Brandeis University, B.A., 1979
- 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
What Clients Say
“… decades of experience with what you will be facing … I would not do a distressed asset deal in the Mid-Atlantic region without consulting with Michael Lichtenstein.”
