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

Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute
Bankruptcy, Financial Reorganization & Creditors' Rights Client Alert, May 8, 2017
Michael Etkin, Nicole (Brown) Fulfree
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
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Press Mentions

As bankruptcy counsel to lead plaintiffs in the securities litigation and the bankruptcy proceedings involving Adeptus Health Inc., Michael S. Etkin is quoted from the trial and oral arguments in Reorg Research regarding the Adeptus Health confirmation hearing. The primary confirmation issues were the standards for substantive consolidation and the impact of the U.S. Supreme Court’s 2017 Jevic decision and other relevant case law on a settlement with the equity committee contained in the plan of reorganization. , Reorg Research , September 26-28, 2017
Michael S. Etkin is highlighted in Reorg Research, speaking on behalf of the proposed lead plaintiffs in the securities litigation proceedings involving Adeptus Health Inc. Etkin spoke at a status conference about his concerns regarding the announcement of an agreement between the equity committee, the unsecured creditors’ committee, prepetition lender Deerfield and the debtors. , Reorg Research , August 25, 2017
Michael S. Etkin is quoted in The Street about the implications of the Chapter 11 filing of Westinghouse Electric Co., including the impact on its parent company, Toshiba. , The Street , March 30, 2017
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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