Michael S. Etkin Partner

New Jersey
T 973.597.2312 | F 973.597.2313



A senior bankruptcy practitioner and commercial litigator, Mickey brings significant experience to his practice, which focuses on complex business reorganizations, investor litigation in a bankruptcy context, and high-stakes Chapter 11 issues. Mickey is consistently recognized by Chambers USA as “a strong lawyer,” “fantastic,” “very plugged-in,” and “instrumental in providing tactical advice,” noting his skill in “anticipating all the key issues that are likely to arise.” Clients have commended his “technical knowledge, attention to detail, and honest and straightforward legal advice.”

A key member of the firm’s successful bankruptcy and complex business litigation groups, Mickey has represented debtors, trustees, creditors, and investors in a variety of noteworthy bankruptcies and bankruptcy-related litigation. He currently represents a number of institutional shareholder and investor interests in several large and complex Chapter 11 proceedings, including Sun Edison, SandRidge Energy, Lehman Brothers, Arch Coal, Peabody Energy, Nortel, RCS Capital, and SFX Entertainment, among others. He also represents debtors and purchasers in acquisitions of assets of Chapter 11 and Chapter 7 bankruptcy estates.

In addition, Mickey 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 and other energy-related contracts in a bankruptcy context, including cutting-edge issues emerging from the Lehman Brothers Chapter 11 and SIPC proceedings. Mickey also is routinely asked to speak at programs discussing the rights of securities fraud claimants and class action plaintiffs in a Chapter 11 context and on the interplay between bankruptcy law and product liability litigation.

Publications

Third-Party Releases? – Not So Fast! Changing Trends and Heightened Scrutiny
AIRA Journal, Volume 29 No. 3, 2015
Michael Etkin, Nicole (Brown) Fulfree
Sparks Continue to Fly – Electricity is not Eligible for Section 503(b)(9) Status and Other Shocking Developments
Business Credit, January 2014
Bruce Nathan, Michael Etkin, David Banker
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
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Press Mentions

Michael S. Etkin is quoted in Law360 regarding the decision by the bankruptcy court in the Fisker Automotive chapter 11 case in favor of our clients overruling the objections to claims based upon the mandatory subordination provisions of the Bankruptcy Code. Our clients purchased membership units of a non-debtor special purpose vehicle which itself invested in the preferred stock of Fisker Automotive. Etkin, representing these membership unit purchasers in the bankruptcy proceedings of the electric car maker, argued that the claims of these creditors against Fisker should not be subordinated and junior to all other unsecured creditor claims. In a 21-page opinion, the Court agreed. , Law 360 , January 11, 2017
Michael S. Etkin comments in Law360 about the U.S. Trustee’s objection to confirmation of the plan of reorganization in the Caesars’ Chapter 11 case which focuses on the U.S. Trustee’s role as independent watchdog and the propriety of the third party releases under the plan. , Law360 , January 4, 2017
Michael S. Etkin is mentioned in Reorg Research regarding the approval of the SFX Entertainment debtors’ disclosure statement. It was noted that Etkin, representing the securities plaintiffs, confirmed that while various disclosure statement objections were resolved by changes to the disclosure statement and plan of reorganization, he reserved all rights with respect to confirmation of the plan of reorganization and the confirmation hearing, scheduled for November 9, 2016. , Reorg Research , September 29, 2016
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Events

March 21, 2017
International Energy Credit Association


Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights
Business Litigation

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
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