Michael Brian Fisco

Michael B. Fisco is Managing Shareholder of Greenberg Traurig’s Minneapolis office. Michael has been involved in some of the most complex bankruptcy and reorganization cases in the country. He primarily focuses his practice on corporate debt restructurings, bankruptcy, and related litigation matters.

Michael has deep experience representing indenture trustees and investors in restructuring defaulted debt securities. He has negotiated, filed, and confirmed numerous creditor plans. As part of his restructuring practice, Michael also represents investment funds and corporate clients acquiring distressed companies and assets, both in and outside of a formal bankruptcy proceeding. He works with clients to develop and implement investment cost-effective business strategies, including capital structure alternatives, corporate governance matters, and management incentive plans.

Michael has also represented global asset management firms and leading U.S. banks in insolvency and financings, including corporate bonds, derivative products, and structured products in Asia, South America, and the United Kingdom.

Experience

Representative Matters

• Representation of indenture trustee and holders of $53 million of debt securities issued to construct a bio-mass power plant in East Texas. Representation included litigation related to lien priorities and other claims against the power plant assets.°

• Representation of indenture trustee of $24 million of debt securities to construct a sports complex in Vadnais Heights, Minnesota.°

• Representation of the Official Committee of Unsecured Creditors in the Antioch Companies/Creative Memories Chapter 11 bankruptcy case. A creditor plan of liquidation resulted in a recovery of more than 45 percent for general unsecured creditors. °

• Representation of an international company regarding assumption and assignment of an exclusivity agreement arising from the sale of a commodity brokerage business. The transaction resulted in multiple litigation claims in the New York and Minnesota state and federal courts. °

• Representation of indenture trustee for holders of $300 million of debt securities of a modular home manufacturer. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in pursuing objections to claims totaling more than $1.1 billion relating to the debtors' obligations arising under numerous securitization trusts. The parties ultimately pursued this issue to the United States Supreme Court. Settlement of all claims.°

• Representation of bond trustee and master trustee for holders of $194 million of debt securities issued by a hospital system. Worked with the trustee, bondholders, and liquidity providers on a competing plan of reorganization, resulting in sale of hospital facilities and repayment in full of all bond and credit obligations. °

• Representation of indenture trustee for holders of $80 million in unsecured debt securities of a hospitality company. Restructured the securities in 2005 and pursued litigation in 2007 regarding violations of indenture obligations. The New York State Supreme Court granted motion for summary judgment in favor of the indenture trustee.°

• Representation of the Official Committee of Unsecured Creditors in the Distribution Dynamics Chapter 11 bankruptcy case. Filed joint plan of reorganization with the debtors. Acted as counsel to the liquidating trustee appointed under the plan. Investigated and pursued more than 800 preferential transfers and commenced more than 200 adversary proceedings to recover assets for unsecured creditors, resulting in a significant distribution to unsecured creditors.°

• Representation of offshore collateral agent to a Middle Eastern power plant. Administered claims and rights of senior lenders in the United Kingdom and India with a $2 billion claim in the Enron bankruptcy cases. Participated in litigation commenced in the United Kingdom concerning insurance disputes relating to the project.°

• Representation of indenture trustee for holders of $275 million in debt securities of a financial services company. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in litigation in the federal and state courts of California regarding company’s failure to timely file financial statements with the SEC and indenture trustee. Successfully argued that the action involved a federal question in removing the action to the United States District Court for the Northern District of California.°

• Representation of indenture trustee for holders of $225 million in debt securities of a timber company in the Western United States. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in litigation in the Delaware Court of Chancery, bringing claims against the issuer, its related entities, and certain of its officers and directors for breach of the indenture, fraudulent transfer and breaches of fiduciary duty. Settlement implemented through Chapter 11 bankruptcy.°

°The above representations were handled by Mr. Fisco prior to his joining Greenberg Traurig, LLP.

Clerkships

• Hon. Robert J. Kressel, U.S. Bankruptcy Court for the District of Minnesota, 1986-1988