Michael J. Bargar

Associate

Fax: 404.873.7031

Biography

Mike is an associate in the Bankruptcy, Creditors’ Rights and Financial Restructuring practice. He represents trustees, creditors, and debtors in all aspects of bankruptcy. With significant experience counseling trustees, Mike handles fraudulent-transfer and preferential-transfer law suits as well as other avoidance actions arising under Chapter 5 of the Bankruptcy Code. Trustees also look to Mike for his advice in connection with 363 asset sales, including sales of patents, motor vehicles, oil and gas wells, and improved and unimproved real properties. In February of 2018, the United States Trustee appointed Mike to the Chapter 7 Panel of Trustees for the Northern District of Georgia, Atlanta Division, and he continues to serve in that role today.

Mike also has significant experience representing creditors in bankruptcy matters. He has successfully obtained stay relief for both mortgagees and landlords and obtains judgments for creditors by prosecuting complaints to determine the dischargeability of debts. Clients turn to Mike to file proofs of claim in Chapter 7, Chapter 11, and Chapter 13 cases. He also defends against objections to proofs of claim, including objections to claims arising from the post-petition rejection of leases. Mike works with individual and corporate debtors in Chapter 7 and Chapter 11 bankruptcy cases, as well as individual and corporate debtors in loan workouts.

In conjunction with his practice, Mike is a Barrister of the Georgia Bankruptcy American Inn of Court, and he is a Fellow of the American Bar Foundation. Prior to attending law school, Mike worked at National City Bank and then at his alma mater, Ashland University.

Experience

  • Negotiated payoff reductions with first and third position lienholders to consummate the sale of a $6,500,000.00 residence in an individual Chapter 11 case after the court denied the initial sale motion brought under 11 U.S.C. § 363(f)(5)

  • Obtained a $640,000.00 settlement on behalf of Chapter 7 Trustee by arguing that the Trustee’s hypothetical judicial lien position was superior to the position of the holder of a claim arising from an equitable lien

  • Recovered over $2,850,000.00 on behalf of Chapter 7 Trustee by asserting that the Bankruptcy Code did not provide the same rights or powers to a holder of a right of withholding as it does to a holder of right of setoff

  • Reached a settlement whereby an approximately $6,700,000.00 secured claim was reclassified to an approximately $615,000.00 secured claim with the remainder of the claim classified as unsecured by successfully arguing that the judgment lien portion of the claim did not attach to choses in action absent an ancillary act by the creditor

  • Represented a landlord creditor in a Chapter 11 bankruptcy case of a Wendy’s restaurant franchisee. Following a motion to reject lease filed by the debtor, negotiated full payment of rent that had accrued after the petition date but before the effective date of the rejection, including all stub-rent. In addition, successfully defended against claim objections filed by debtor and another party in interest to proof of claim requesting post-petition lease rejection damages under Section 502(b)(6) of the Bankruptcy Code.

  • Represented Chapter 7 Trustee in international sale of remainder interest in real property under 11 U.S.C. § 363

Credentials

  • Emory University School of Law, Juris Doctor — 2010
    • Executive Notes and Comments Editor, Emory Bankruptcy Developments Journal
    • Emory University School of Law Transactional Law and Skills Certificate
    • Dean’s Award for Outstanding Performance in Mergers & Acquisitions
  • Case Western Reserve University, Master of Business Administration, Banking and Finance — 2007
  • Ashland University, Bachelor of Arts — 2001
    • Varsity Basketball Team
  • State of Georgia 2010
  • Supreme Court of Georgia 2014
  • United States District Court for the Middle District of Georgia 2013
  • United States District Court for the Northern District of Georgia 2010
  • Superior Courts of Georgia 2010

Recognition

  • “Rising Star,” Georgia Super Lawyers, 2018-19
  • Fellow, American Bar Foundation

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