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Michael A. VanNiel

Michael VanNiel practices in the firm’s business group with a principal focus on restructuring and insolvency matters. Mr. VanNiel has extensive experience advising private and public companies in a broad range of matters, including business bankruptcy, general corporate, securities, debt finance, creditors’ rights, acquisitions and divestitures and avoidance, commercial and corporate fiduciary litigation. He has represented every constituency involved in reorganizations and workouts, including debtors, creditors’ committees, secured creditors, lenders and asset purchasers. His practice also includes strategic analysis, briefing and argument in complex appellate litigation.

Mr. VanNiel’s experience in the commercial law area includes negotiation and litigation relating to mechanics’ liens, general contracts, foreclosures, sales, security interests and other general Uniform Commercial Code and similar state law matters.

Mr. VanNiel represents clients in an array of industries, including steel and automotive manufacturing, media and Internet technology, business services, chemicals, distribution, retail, real estate, healthcare and construction. Examples of Mr. VanNiel’s practice include:

• Representation of an official committee of administrative creditors in a large chapter 11 case of a bankrupt integrated steel manufacturer.
• Representation of an automotive glass manufacturer in its successful chapter 11 reorganization proceeding.
• Representation of private equity firm in efforts to restructure and sell certain of its portfolio companies.
• Representation of a large retail distribution company in its chapter 11 reorganization proceeding.
• Representation of an owner of a large hydrogen gas facility in litigation with the general contractor and major subcontractors for that facility.
• Representation of a publicly-traded automotive parts distributor in its chapter 11 reorganization proceeding.
• Representation of a real estate company in workout negotiations with the company’s lender.
• Representation of an Internet advertising company in its successful chapter 11 reorganization proceeding.
• Representation of a magnetic resonance imaging company with facilities in multiple states in its chapter 11 reorganization proceeding.
• Representation of a major bank in bankruptcy litigation regarding a chapter 11 debtor’s use of the bank’s collateral.
• Representation of a large aluminum manufacturer in litigation to collect a large receivable from a significant customer.
• Representation of a limited partner in the bankruptcy of a single-asset real estate limited partnership.
• Representation of an investment banking firm in a fee dispute in the chapter 11 reorganization of a manufacturing company.
• Representation of a large construction company in disputes with its union and a significant customer.
• Representation of both plaintiffs and defendants in corporate fiduciary litigation.
• Representation of numerous clients in efforts to acquire or divest assets in bankruptcy and receivership sales.

Mr. VanNiel is a member of the American, Ohio and Cleveland Metropolitan Bar Associations. He is also a recipient of the 2002 American Bankruptcy Institute Gold Medal of Excellence Award.

Articles Published:

• “Out-of-Court Business Restructurings—the Commercial Workout,” published in the December 2004 issue of the Cleveland Bar Journal. Co-authored with Jeffrey Baddeley.

Events/Speaking Engagements:

• Seminar: “Bankruptcy Reform Update—One Year Later” Youngstown, Ohio December 5, 2006.
• Seminar: “BAPCPA: 11 Months and Counting . . . ” Cleveland, Ohio September 15, 2006.
• Seminar: “Protecting the Creditor’s Position and Chapter 11 Confirmation Issues” Cleveland, Ohio, 2005