Michael F. Holbein

Partner

Fax: 404.873.7013
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Michael is a partner in the Bankruptcy, Creditors’ Rights & Financial Restructuring practice and a member of the Logistics & Transportation industry team. He is a bankruptcy litigator representing clients at both the trial and appellate levels. He also serves on the firm’s Hiring Committee. Trustees in bankruptcy, financial institutions, landlords, and trade creditors trust Michael to defend and prosecute their matters. He handles cases such as complex, seven-figure fraudulent-transfer lawsuits, as well as actions for violations of the automatic stay and discharge injunction. Additionally, he focuses a portion of his practice helping companies in the transportation and logistics sectors navigate the complicated world of debtor-creditor relations. Armed with a unique perspective on all aspects of bankruptcy, Michael provides niche expertise in corporate Chapter 7 and 11 cases as well as individual Chapter 7 and 13 cases.

Experience

  • Represented Official Committee of Unsecured Creditors in large retail bankruptcy. As part of the case, the Committee was successful in having onerous DIP financing provisions removed and oversaw a robust auction of the debtor’s assets as well as the sale of the debtor’s intellectual property. In re SWX f/k/a Swoozies Inc., Ch. 11 Case No. 10-63316 (Bankr. N.D. Ga.)

  • Represented two large telecommunications companies in successful negotiations with debtor to have bankruptcy court defer ruling to the D.C. Circuit Court of Appeals on issue of first-impression with broad implications in developing and emerging telecommunications technologies. In re CommPartners, et al., 10-20932 (Bankr. D. Nev.)

  • Represented Chapter 7 Trustee before the Georgia Supreme Court and 11th Circuit Court of Appeals in lien-avoidance cases resulting in seminal decisions that provide trustees with avenue to avoid an improperly attested security deed even though the deed appears of record. U.S. Bank v. Gordon, 289 Ga. 12 (Ga. 2011); Wells Fargo Bank, N.A. v. Gordon, 292 Ga. 474 (Ga. 2013); National City Mortgage v. Gordon (In re Bennett), 520 Fed. Appx. 828 (11th Cir. 2013)

  • Represent international logistics companies in issues arising from bankruptcies filed by large international helicopter transportation group and its affiliates.

  • Represent truck and trailer financer in 3PL bankruptcy and successfully negotiated surrender of vehicle fleet.

  • Represent Fortune 50 financial services company in defending multi-million dollar avoidance actions nationwide.

  • Represented Chapter 7 Trustee in going-concern sale of regional wine retailer and restaurant. In re The Grape, et al., Ch. 7 Case No. 08-81828 (Bankr. N.D. Ga.)

  • Represented Chapter 7 trustees from Georgia and Florida in the prosecution of hundreds of preference and fraudulent transfers actions including successfully handling numerous appeals from the Bankruptcy Court to the District Court; and successfully litigating issues related to perfection of security interests in real property to the Georgia Supreme Court and the U.S. Court of Appeals for the Eleventh Circuit.

  • Represented Fortune 100 utility company nationally in more than 75 preference and fraudulent transfer avoidance lawsuits and numerous contempt actions.

  • Represented Liquidating Trustee in administration of liquidating plan of publicly traded telecommunications company. In re Verso Technologies, Inc., et al., Ch. 11 Case No.08-67659 (Bankr. N.D. Ga.)

  • Represented nationwide wireless phone provider nationally in numerous preference and fraudulent transfer avoidance lawsuits and contempt actions.

Credentials

  • University of Florida College of Law, Juris Doctor,
    with Honors
    • Justice Campbell Thornal Moot Court Board
  • Stetson University, Bachelor of Arts,
    cum laude
  • State of Georgia 1999
  • Supreme Court of Georgia 2010
  • United States Court of Appeals for the Eleventh Circuit 2008
  • United States District Court for the Southern District of Georgia 2002
  • United States District Court for the Middle District of Georgia 2001
  • United States District Court for the Northern District of Georgia 1999
  • Superior Courts of Georgia 1999
    • National Association of Credit Managers (Gulf States)
    • Atlanta Maritime Association, Board Member
    • American Bar Association
    • Georgia Bar Association—Section of Bankruptcy and Creditor’s Rights, Young Lawyers Division
    • Atlanta Bar Association

Recognition

  • Georgia’s “40 under 40” Lawyers on the Rise, 2013
  • “Rising Star,” Georgia Super Lawyers (Bankruptcy & Creditor/Debtor Rights, Business Litigation, Bankruptcy: Consumer), 2010

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