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, receiverships, assignments for the benefit of creditors, and out-of-court workouts. His most recent engagements have been in the entertainment, health care, real estate, and technology industries.
Michael also represents individual and corporate clients in federal and state litigation involving, among other things, disputes pertaining to the ownership, enforcement and infringement of intellectual property rights, the rights of parties under franchise agreements, and the rights of parties in joint ventures. Michael also routinely represents debtors, creditors, committees, and fiduciaries in avoidance actions, including actions to avoid and recover pre-bankruptcy transfers.
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. He is a member of the board of directors of the Los Angeles Bankruptcy Forum, a member of the advisory board for the American Bankruptcy Institute’s Bankruptcy Battleground West conference, and an editor on the Editorial Board of the California Bankruptcy Journal. He is also a former member of the Insolvency Law Committee of the California Bar Association and Executive Committee for the Bankruptcy Section of the Beverly Hills 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.
In recognition of his achievements, Michael was recognized as the sole “Associate to Watch” by Chambers USA for California bankruptcy and restructuring, a “Southern California Super Lawyer” for business bankruptcy by Super Lawyers, and one of forty attorneys from across the country to participate in the Next Generation Program during the annual meeting of the National Conference of Bankruptcy Judges.
Represents the former owners of Video Equipment Rentals, 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.
Represents multiple entertainment companies and intellectual property licensors and licensees in the bankruptcies of The Weinstein Company Holdings LLC and its affiliates in the U.S. Bankruptcy Court for the District of Delaware. Mr. Delaney has represented the interests of his clients in the course of the proposed section 363 sale and attendant assumption and assignment to the purchaser of rights owned by his clients.
Represents the Official Committee of Unsecured Creditors in the bankruptcies of Relativity Media, LLC and its affiliates in the U.S. Bankruptcy Court for the Southern District of New York. Mr. Delaney has represented the interests of the committee and general unsecured creditors in numerous aspects of the bankruptcy cases, including the negotiation of debtor in possession financing.
Represented Black Elk Energy Offshore Operations LLC in its Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of Texas. Mr. Delaney assisted in the evaluation of assets owned and controlled by Black Elk and the preparation of documentation related to the debtor in possession debt facility. (Prior to joining Robins Kaplan LLP)
Represented the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Hashfast Technologies, LLC—a manufacturer of Bitcoin mining computers—in the U.S. Bankruptcy Court for the Northern District of California. Mr. Delaney defeated an attempt by the debtor to “sell” substantially all of its assets to a trade creditor via a transaction that provided little, if any, financial benefit to the remaining creditors and, thereafter, proposed and confirmed a plan of liquidation that provided for an equitable distribution of funds following a controlled liquidation of the debtor and its parent company. (Prior to joining Robins Kaplan LLP)
Represented Sarkis Investments Company LLC in its Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Central District of California. Mr. Delaney was involved in all aspects of the representation, including the negotiation of a discounted pay-off agreement with the principal secured lender and sale of the debtor’s principal asset—a parcel of commercial real estate. The successful negotiation of the discounted pay-off agreement permitted the debtor to generate sufficient proceeds from the sale of the property to pay all creditors in full and a substantial distribution to equity. (Prior to joining Robins Kaplan LLP)
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