Michael T. Delaney

Counsel

Cleveland
T +1.216.861.7478
F +1.216.696.0740

Overview

Michael Delaney represents and advises corporate and individual debtors, creditors, committees, and fiduciaries in a variety of distressed financial situations, including Chapter 9 and Chapter 11 bankruptcy proceedings, assignments for the benefit of creditors, and out-of-court restructuring. He works closely with his clients to ensure the smooth transition of assets through corporate transactions, and counsels officers, directors and company shareholders on their fiduciary obligations. He frequently handles matters in the healthcare, real estate and technology industries, and has notable experience representing high-profile individuals and companies in the entertainment industry.

Prior to entering private practice, Michael served as law clerk to the Honorable Ernest M. Robles of the United States Bankruptcy Court for the Central District of California.

In addition to his practice, Michael holds several leadership positions with professional organizations, including as a member of the advisory board for the American Bankruptcy Institute’s Bankruptcy Battleground West conference. He is also a former member of the board of directors of the Los Angeles Bankruptcy Forum, a former editor on the Editorial Board of the California Bankruptcy Journal, and a former member of the Insolvency Law Committee of the California Bar Association. Michael frequently speaks on insolvency-related issues and contributes articles to several publications relating to insolvency, creditors' rights, commercial law, and intellectual property law.

Michael is ranked by Chambers USA for California bankruptcy and restructuring, and as a “Southern California Super Lawyer” for business bankruptcy by Super Lawyers.

Select Experience

  • Represents the official committee of unsecured creditors in the bankruptcy of national car rental company and its affiliates in the U.S. Bankruptcy Court for the District of Delaware.
  • Represents the Chapter 11 trustee in the bankruptcies of acute care hospitals located throughout the southern United States in the U.S. Bankruptcy Court for the Eastern District of Kentucky.
  • Represented the official committee of unsecured creditors and, following confirmation, the liquidation trustee in the bankruptcy of an international media and entertainment conglomerate in the U.S. Bankruptcy Court for the Southern District of New York, including, without limitation, in connection with the sale of substantially all assets of the debtor entities in the context of the Chapter 11 cases and the investigation and analysis of potential claims and causes of action against the former insiders and directors of the debtor companies.
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Experience

  • Represents the official committee of unsecured creditors in the bankruptcy of national car rental company and its affiliates in the U.S. Bankruptcy Court for the District of Delaware.
  • Represents the Chapter 11 trustee in the bankruptcies of acute care hospitals located throughout the southern United States in the U.S. Bankruptcy Court for the Eastern District of Kentucky.
  • Represented the official committee of unsecured creditors and, following confirmation, the liquidation trustee in the bankruptcy of an international media and entertainment conglomerate in the U.S. Bankruptcy Court for the Southern District of New York, including, without limitation, in connection with the sale of substantially all assets of the debtor entities in the context of the Chapter 11 cases and the investigation and analysis of potential claims and causes of action against the former insiders and directors of the debtor companies.
  • Represented a commercial real estate development and management company in its single asset real estate Chapter 11 bankruptcy case involving a challenge to the validity and amount of the senior secured claim. Negotiated a discounted pay-off of the first-priority secured lender that facilitated a sale of the real property and generated sufficient funds to pay all creditors in full and a return to equity.
  • Represented the senior secured creditor in a single asset real estate Chapter 11 bankruptcy case in which the debtor challenged the validity and amount of the senior secured claim and associated lien and the valuation of the subject real property and related automotive business operations. The case was resolved following a contested confirmation in a manner favorable to the senior secured creditor.
  • Represented the former owners of an international audio and visual equipment rental company in the bankruptcies of the successor entity and its affiliates in the U.S. Bankruptcy Court for the District of Delaware, including, without limitation, in connection with the proposal and confirmation of a Chapter 11 plan of reorganization and resolution of asserted fraudulent transfer liability.
  • Represented multiple entertainment companies and intellectual property licensors and licensees in the bankruptcies of an American independent film studio and its affiliates in the U.S. Bankruptcy Court for the District of Delaware, including, without limitation, in connection with the sale and attendant assumption and assignment to the purchaser of rights owned by his clients.
  • Assisted in the representation of an offshore drilling company in its Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of Texas.
  • Represented the official committee of unsecured creditors in the bankruptcy case of the manufacturer of Bitcoin mining computers and related hardware. In the course of the representation, the committee defeated an attempt to fire-sale the tangible and intangible assets of the estate, substantively consolidated the estates of the manufacturer and parent company to make valuable intellectual property held by the parent company available to satisfy the debts of the manufacturer's estate, and defeated the motion of the United States Trustee to appoint a Chapter 11 trustee or, in the alternative, convert the case. Thereafter, the committee proposed and confirmed a plan of liquidation for the manufacturer and its parent company.
  • Represented secured creditors, debtors and trustees in bankruptcy cases involving real estate financing transactions governed by California law or involving California real estate. Handled numerous out-of-court transactions involving liens on and ownership interests in California real estate.

Recognitions and Memberships

Recognitions

  • Chambers USA: Bankruptcy and Restructuring in California (2018 to 2020)
    • Associate to Watch (2018 to 2020)
  • Southern California "Super Lawyer" (2019)
    • Southern California Super Lawyers "Rising Star" (2016, 2017)

Memberships

  • American Bankruptcy Institute ◦Bankruptcy Battleground West: Advisory Board Member (2018 to present)
  • Los Angeles Bankruptcy Forum: Board Member (2018 to 2020)
  • California Bankruptcy Journal: Editorial Board Member (2016 to 2020)
  • State Bar of California ◦Insolvency Law Committee (2015 to 2018)

Prior Positions

  • Law Clerk to the Honorable Ernest M. Robles of the United States Bankruptcy Court for the Central District of California

Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • California
  • [*Not admitted in Ohio. Practice temporarily authorized pending admission under Gov. Bar R. I, Sec. 19]

Education

  • LL.M., Intellectual Property Law, The George Washington University Law School, 2009
  • J.D., Chapman University School of Law, 2008
  • B.A., University of Southern California, 2005