Michael Luskin

Partner

Michael Luskin represents financial institutions in commercial litigation in state and federal courts, including bankruptcy courts, across the country.  Much of his work involves enforcing a creditor’s rights under the Bankruptcy Code or defending a creditor against “lender liability,” fraudulent conveyance or preference claims brought by a creditors’ committee or bankruptcy trustee.  He also has substantial experience representing creditors in loan restructurings and out of court workouts and representing trustees and examiners in cases presenting complex litigation issues.  Michael is a Fellow of the American College of Bankruptcy and has been recognized as a leading bankruptcy lawyer by Chambers USA: America’s Leading Lawyers for Business in each year since 2001.  He is also recognized by Super Lawyers and Best Lawyers.
Contact Michael Luskin

Phone: (212) 597-8220
Email: luskin@lsellp.com
V-Card: download here

Selected Matters

  • Special counsel to the Financial Oversight and Management Board for Puerto Rico in lift stay and related litigation in the U.S. District Court for the District of Puerto Rico and in the Court of Appeals for the First Circuit, and in connection with various contract and conflict issues.
  • Conflicts counsel to the Chapter 11 Examiner in the Caesar’s Entertainment chapter 11 cases in connection with the Examiner’s investigation of certain pre-petition transactions and preparation of his final report; and to Travelers Indemnity and affiliates in the Purdue Pharma chapter 11 proceedings.
  • Counsel to Credit Agricole as secured lender on the “Sidecar” facility in the Hertz chapter 11 proceedings in Delaware.
  • Counsel to the secured lender in the Rochester Drug Corporation chapter 11 proceedings in Rochester.
  • Sumitomo Mitsui Banking Corp. as a major creditor in the Westinghouse Electric Co. chapter 11 proceedings in the Southern District of New York.
  • Counsel to group of eight lenders to Republic Metals Corporation (now Miami Metals) in hotly-contested chapter 11 proceedings involving the extent and priority of the lenders’ liens.
  • Viacom in connection with its multiple claims in The Weinstein Company’s chapter 11 proceedings.
  • A financial institution serving as owner-trustee in litigations involving student loan securitizations.
  • One of the plaintiffs in two actions challenging a $5 billion transaction by which monoline insurer MBIA split itself into a “good insurer” and “bad insurer.” The plaintiffs sought, among other things, to set aside the financial restructuring under New York’s fraudulent conveyance law.
  • Investors in and manager of a large fuel distribution and gas station management company in hotly-contested chapter 11 proceedings commenced by an investor-dealer.
  • Investigation, litigation and confirmation of a chapter 11 plan for the Chapter 11 Trustee of Fletcher International, Ltd., a master hedge/private equity fund that was part of a complex master-feeder fund structure.
  • A financial institution in the workout and related litigations arising out of the $350 million Transmar commodities fraud.
  • A financial institution as defendant in a subprime “put back” litigation brought by monoline insurer CIFG.
  • A financial institution as defendant in a “lender liability” action in federal court against a group of bank lenders to a failed French toy company.
  • A financial institution in litigation arising out of a $300 million failed commercial real estate securitization.
  • A financial institution in litigation arising out of a massive check-kiting scheme, and in subsequent bankruptcy proceedings, and in connection with cases involving check-kiting and embezzlement.
  • A financial institution in a breach of contract action arising out of the termination of structured investment contracts with a notional value in excess of $3 billion.
  • A financial institution in a mediation and arbitration relating to ownership interests in an investment management firm.
  • The Government of Ontario in the Chrysler and General Motors chapter 11 cases.
  • A financial institution as administrative agent on two loans totaling $1.3 billion to operating subsidiaries of Adelphia Communications Corp. in Adelphia’s chapter 11 cases and as a defendant in a $5 billion “lender liability” action brought by the Adelphia Creditors’ Committee.
  • A financial institution in the Coltex chapter 11 case which resulted in an important Second Circuit decision on “new value plans” and the absolute priority rule.
  • Financial institutions as lenders, agents, letter of credit issuers, or derivative counterparties in the China Fisheries, Mineral Park, American Home Mortgage, Enron, Sunterra, New Century Capital, Owens Corning, PG&E National Energy Group, Stellex Industries and New World Pasta bankruptcies, and in numerous out-of-court workouts.
  • A financial institution as aircraft financer in the American Airlines, United Airlines and U.S. Air reorganizations.
  • Court-appointed examiner in the Nellson Neutraceutical chapter 11 case.

Court Admissions

  • New York
  • Southern and Eastern Districts of New York and Second Circuit Court of Appeals

Professional Activities

  • Fellow, American College of Bankruptcy
  • American Bankruptcy Institute
  • American Bar Association (Litigation Section)
  • Federal Bar Council
  • New York State Bar Association (Creditors’ Rights and Bankruptcy Litigation Committee, Commercial and Federal Litigation Section)

Publications and Lectures

  • Annual moderator and panelist on bankruptcy litigation and other issues at American Bankruptcy Institute New York and Annual Conferences.
  • Frequently lectures on working out and litigating the problem loan, bankruptcy litigation issues, and developments in bankruptcy law.

Previous Experience

  • Partner and Chair of the Banking & Financial Services Litigation Practice Group, Hughes Hubbard & Reed (2008-2012)
  • Partner, Luskin, Stern & Eisler LLP (1989-2008)
  • Partner, Moses & Singer (1987-1989)
  • Associate, then Partner, Gelberg & Abrams (1980-1987)
  • Associate, Rogers & Wells (1977-1980)

Education

Harvard Law School, J.D. 1977

Harvard College, B.A., 1973, magna cum laude