Michael S. Etkin Partner

Roseland
T 973.597.2312 | F 973.597.2313



Michael ("Mickey") S. Etkin is a senior bankruptcy practitioner and commercial litigator with significant experience in complex business reorganizations and litigation as well as securities and ERISA class action litigation. Mickey graduated from Boston University, cum laude, in 1975, and received his law degree, with honors, from St. John's University in 1978. He is admitted to practice in the state and federal courts of New York and New Jersey. Mickey is listed in the 2012 and 2011 editions of Chambers USA: America's Leading Lawyers for Business, which has noted his "'constructive approach to adversarial matters' and skill in 'anticipating all the key issues that are likely to arise.'" In addition, he is also featured in the 2006-2013 editions of The Best Lawyers in America and the 2005-2011 issues of Super Lawyers in the Bankruptcy and Creditors' Rights section of the publication.

Mickey practices in Lowenstein Sandler's Bankruptcy, Financial Reorganization & Creditors’ Rights and its Complex Business Litigation groups. Mickey's bankruptcy practice includes the representation of debtors, trustees, creditors and investors in a variety of complex bankruptcies and bankruptcy related litigation. On the creditor/investor side, Mickey has had significant involvement in many of the largest and most complex Chapter 11 proceedings where he represented the interests of major creditors, bondholders and/or shareholders. Mickey is currently representing shareholder and investor interests in the Residential Capital, Lehman Brothers, Washington Mutual, Overseas Shipholding Group, Penson Worldwide, Nortel, Tribune, Sino Forest, Advanta and Point Blank Solutions Chapter 11 or Chapter 15 proceedings. He is a recognized national expert in the representation of defrauded investors and class action claimants in bankruptcy proceedings and has lectured on the rights of securities fraud claimants and class action plaintiffs in a Chapter 11 context. Mickey has also lectured on the interplay between bankruptcy law and product liability litigation.

Mickey also represents major energy companies in connection with bankruptcy proceedings involving their customers and counterparties. He has been invited to speak before financial institutions, bar association groups and credit associations regarding the rights of counterparties to derivatives in a bankruptcy context, including cutting edge issues emerging from the Lehman Brothers Chapter 11 and SIPC proceedings.

Mickey has represented both debtors and purchasers in acquisitions of assets of Chapter 11 and Chapter 7 bankruptcy estates. He has been retained as creditors' committee counsel in the Chapter 11 proceedings of retailers, telecommunications companies, and manufacturers and as special counsel on behalf of Chapter 7 and Chapter 11 trustees to prosecute fraud and similar claims. He has also been retained as debtors’ counsel in the Chapter 11 proceedings of several industrial manufacturers and contractors, a major book publisher, a California shopping center, a software manufacturer, a converter, marketer and distributor of paper products and a discount retail store chain and has represented plan proponents in pre-packaged Chapter 11 proceedings.


Publications

Where to Litigate: Litigation Forum Choices in a Bankruptcy Proceeding
New Jersey State Bar Association Seventh Annual Bankruptcy Bench-Bar Conference, April 1, 2005
Michael Etkin, Eric Horn
Automatic Stay Doctrine Applies to Certain Related Nondebtors
New Jersey Law Journal, February 5, 2001
Michael Etkin, Ira Levee

Press Mentions

In Law360, Michael S. Etkin and Michael Savetsky are highlighted for representing Kenneth Freeling, a former partner at the law firm Dewey & LeBouef LLP, in connection with that firm's Chapter 11 liquidation proceeding., Law360 , February 13, 2013
Michael S. Etkin comments on non-debtor third-party releases in Dynegy Inc.'s bankruptcy plan., SNL Financial , August 27, 2012
In Law 360, Michael S. Etkin is highlighted for representing the proposed lead plaintiff in a securities fraud class action against three executives of the bankrupt oil and gas company Delta Petroleum. On May 8, 2012, Mr. Etkin convinced the bankruptcy court after oral argument to deny Delta's motion to extend the bankruptcy automatic stay to shield the executives from the litigation., Law 360 , May 8, 2012
Michael S. Etkin comments on the $208.5 million settlement of the consolidated shareholder class-action lawsuit against former officers, directors, underwriters and auditors of Washington Mutual, Inc. alleging misrepresentations and failures to disclose relating to Washington Mutual's financial condition. Lowenstein Sandler is bankruptcy counsel to the lead institutional plaintiff and the class., Dow Jones Newswire and The Wall Street Journal , July 1, 2011
Michael S. Etkin and Ira M. Levee are highlighted for representing the securities plaintiffs in Colonial BancGroup Inc.'s Chapter 11 proceedings., Law360 , June 3, 2011
Michael S. Etkin comments on Judge Mary Walrath's decision to reject confirmation of Washington Mutual Inc.'s Chapter 11 plan., Dow Jones Daily Bankruptcy Review , January 19, 2011
Michael S. Etkin featured in an article describing his success in striking a deal for securities claimants in the WorldCom Chapter 11 litigation., New Jersey Law Journal , August 15, 2005
Michael S. Etkin discusses the decrease of bankruptcy filings in 2005, Philadelphia Inquirer , June 2005

Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights

Education


St. John's University School of Law (J.D., 1978) , with honors
Boston University (B.S., 1975) , cum laude

Bar Admissions


New York
New Jersey

Court Admissions


1979, U.S. District Court, Southern District of New York
1979, U.S. District Court, Eastern District of New York
1980, U.S. Court of International Trade
1981, U.S. District Court, District of New Jersey
1997, U.S. Court of Appeals, Second Circuit
2008, U.S. Court of Appeals, Sixth Circuit
2008, U.S. District Court, Western District of New York
2010, U.S. Court of Appeals, Seventh Circuit

Affiliations


  • American Bar Association
  • New Jersey State Bar Association
  • New York State Bar Association
  • American Bankruptcy Institute
  • International Energy Credit Association