Mr. Michael Luskin

Michael Luskin is a partner at Morgan Lewis in New York City. He represents financial institutions in 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 represents creditors in loan restructurings and out-of-court workouts and represents trustees and examiners in cases presenting complex litigation issues. Select representations include: 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; 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; special counsel to an insurance company with claims in the Purdue Pharma bankruptcy; 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?; 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; 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; and court-appointed examiner in the Nellson Neutraceutical chapter 11 case. Luskin has served as a panelist on numerous CLE programs and is a Fellow of the American College of Bankruptcy and a member of the American Bankruptcy Institute, the New York State Bar Association (where he is a past co-chair of the Creditors? Rights and Bankruptcy Litigation Committee of the Commercial and Federal Litigation Section), and the Federal Bar Council. He has been recognized as a leading bankruptcy lawyer by Chambers USA: America?s Leading Lawyers for Business, and is also recognized by Super Lawyers and Best Lawyers. He graduated from Harvard College magna cum laude in 1973 and from Harvard Law School in 1977.