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About Michael A. Brandess
Michael A. Brandess, a partner at Husch Blackwell and part of the Bankruptcy, Reorganization and Creditors’ Rights practice group, is consistently recognized for his dedicated and zealous representation of his clients, finding the most efficient and creative solutions, securing his clientele the most value for their claims. Michael’s practice focuses on the representation of asset purchasers in complex bankruptcy sales, creditors’ committees in difficult reorganizations and liquidating trustees and plan administrators in the wind-down of multi-million dollar bankruptcy estates.
Articles by Michael A. Brandess
Ponzi Scheme Lender May Be Off The Hook, After All: A Case Study
The Sixth Circuit would quote Ohio case law to explain that “A contract of novation is created where a previous valid obligation is extinguished by a new valid contract, with the consent of all the parties, and based on valid consideration.” In a sense, a novation establishes that the prior contract is fully performed by the novated contract.
3 Issues for Vendors to Consider When Their Customer Files Bankruptcy
Trade Creditors Still Have Options In the Event of a Customer Bankruptcy When a customer files bankruptcy, vendors can be exposed to considerable losses if they have debts owed by the customer that arose before the commencement of the case (the “Petition Date”). Once the case is filed, the vendor becomes a creditor, or trade […]
Demystifying Administrative Expenses in Bankruptcy
Priority Claims in Chapter 11 Bankruptcy Bankruptcy professionals, other business professionals, and trade vendors would be reluctant to provide services or otherwise extend credit on an unsecured basis to an insolvent entity like a bankruptcy debtor, unless their claims to payment were somehow ensured. In addressing this predicament, Congress provided that holders of unsecured claims […]
Opportunities in Bankruptcy: Turning Coal Into Diamonds
“The time to buy is when there’s blood in the streets.” – Baron Rothschild Don’t Panic, There Are Many Opportunities in Bankruptcy When a client or a competitor files for bankruptcy, it is natural to reflect on the downside. What’s going to happen to my outstanding receivable? Is the market primed for a downturn? How […]
Dealing With Distress for Fun & Profit – Installment #17 – Overview of DIP Financing and Cash Collateral Motions
There is a seeming irony here in that a company that files for bankruptcy often does not have the cash to do so. That’s where DIP financing comes in.
Dealing With Distress for Fun & Profit – Installment #16 – Super and Residual Priorities
This series was started with a broad overview of business bankruptcy, but our last few installments have focused on: unsecured creditors the priority scheme in bankruptcy protecting/collecting your claim In this installment, we draw on our discussion of the priority scheme, with a special focus on super and residual priorities. As previously discussed, not all […]
Dealing With Distress for Fun & Profit – Installment #15 – Protecting Your Bankruptcy Claim
This series was started (click here to read from the beginning) with a broad overview of business bankruptcy but our last few installments have focused on unsecured creditors (click here to read about unsecured creditors) and the priority scheme in bankruptcy (click here for the 30,000-foot view or you can find more specific treatment here, here and here). In this […]
Dealing with Distress For Fun & Profit – Installment #14 – An Introduction to Chapter 11 for Unsecured Creditors: What Every Unsecured Creditor Should Know
A written tour of business bankruptcy and its alternatives. If you would like to read from the beginning, this series started here with a broad overview of business bankruptcy. Most recently, the series has focused on the automatic stay, where you can find the 30,000-foot view. Or you can find more specific treatment here, here and […]