Michelle McMahon’s practice focuses on corporate restructuring, bankruptcy and bankruptcy litigation in which she represents creditors and debtors in complex restructurings and Chapter 7, 11 and 15 bankruptcies, as well as related civil litigations and appeals.  Ms. McMahon has represented secured and unsecured lenders, special servicers of securitized commercial mortgages, indenture trustees, creditors’ committees, unsecured creditors, landlords, investors, and debtors.  Ms. McMahon works with clients to create strategies tailored to meet their business needs and objectives. On behalf of these clients, Ms. McMahon has prepared and prosecuted pleadings and motions by negotiating out-of-court settlements and/or appearing at adversarial hearings related to first-day motions, DIP financings, automatic stays, asset sales, disclosure statements, reorganization plans, assumptions and assignments of leases and contracts, and objections to claims, as well as defending numerous clients in avoidance actions.  Ms. McMahon also advises buyers in acquisitions of distressed assets and other transactions involving troubled companies.

Ms. McMahon’s related litigation experience includes representing former directors of the debtors in a suit by the creditors’ committee alleging breaches of fiduciary duty.  Her appellate work includes defending and seeking dismissal of a preference action based on 11 U.S.C. § 546(f).

Prior to joining the firm, Ms. McMahon was an associate in the bankruptcy and reorganization groups of firms in Delaware, New York and California.

Select Representations

• In re General Growth, Inc., et al., case no. 09-11977 (Bankr. S.D.N.Y) (represent special servicers in restructuring approximately $3.8 billion of securitized debt as part of the largest operating real estate bankruptcy).
• In re Innkeepers USA Trust, et al., case no. 10-13800 (Bankr. S.D.N.Y.) (represent special servicer in restructuring of approximately $160 million of securitized debt).
• In re DBSI Inc., et al., case no. 08-12687 (Bankr. D. Del.) (represent secured lender in bankruptcy of borrowers related to 16 loans in an aggregate principal amount of $76 million, including several tenant-in-common transactions).
• In re Sail City Apparel, Limited, d/b/a Canterbury of New Zealand, case no. 09-36607 (Bankr. N.J.) (represent foreign representative in Chapter 15 bankruptcy of New Zealand company).
• Represent potential buyer in purchase of the assets of a medical supply company out of bankruptcy.
• Represent potential buyer in purchase of the assets of a specialty chemicals company out of bankruptcy. 
• Represent pension plan in the bankruptcies of several contributing employers, including: In re Philadelphia Newspapers, Inc., et al., case no. 09-11204 (Bankr. E.D. Pa.), In re Sun Times Media Group, Inc., et al., case no. 09-11092 (Bankr. D. Del.), In re Journal Register Company, et al., case no. 09-10769 (Bankr. S.D.N.Y.), In re Tribune Co., et al., case no. 08-13141 (Bankr. D. Del.), and In re Star Tribune Holdings, et al., case no. 09-10244 (Bankr. S.D.N.Y.).
• Represent indenture trustee in the following bankruptcies: In re Tricom. S.A., et al., case no. 08-10720, In re Metaldyne Corp., et al, case no. 09-13412 and In re Affiliated Media, Inc., case no. 10-10202 (Bankr. D. Del.).
• Represent certain racing and horsemen’s groups in the following bankruptcies: In re Off Track Betting Corp., case no. 09-17121 (Bank. S.D.N.Y.), In re Magna Entertainment, Corp., et al., case no. 09-10720 (Bankr. D. Del.), In re New York Racing Ass’n, Inc., case no. 06-12618 (Bankr. S.D.N.Y.).
• In re Protostar Ltd., et al., case no. 09-12659 (Bankr. D. Del.) (represent satellite manufacturer in sale of debtor’s assets that included the satellite and related service contracts).

Bar and Court Admissions

New York, 2005

California, 2007

Connecticut, 2000

Delaware, 2000

U.S. District Court, Eastern, Southern and Western Districts of New York

United States Court of Appeals for the Third Circuit

United States District Court for the District of Delaware

U.S. District Court, Northern District of California

Education

Georgetown University, J.D., 1999

Western Michigan University, B.A.,1996

Publications

• “Securitized Loans in Bankruptcy,” Mortgage and Asset Backed Securities Litigation Handbook, West® Legalworks, 2008 (section co-author)
• “Whitehall:  A Debtor Cannot Sell What it May Not Own,” Law360, October 31, 2008 (co-author)

Professional Affiliations

• Member, American Bankruptcy Institute
• Member, International Women’s Insolvency and Reorganization Confederation
• Director, Turnaround Underground, Inc.

Civic Involvement and Honors

• Team Leader, Justice Resource Center, National MENTOR Moot Court Program