Lawyer Bio : Michael Busenkell

Michael Busenkell

"Mike"

Wilmington

A Certified Business Bankruptcy Attorney, Certified Management Accountant and member of the firm, Mike Busenkell is an experienced business lawyer who specializes in advising clients on all matters related to chapter 11 reorganizations and liquidations, as well as out-of-court restructurings and receiverships. Mike focuses his practice on representing and advising debtors, creditors, secured lenders, purchasers, trustees and receivers in chapter 11 bankruptcy proceedings, out-of-court restructurings and receiverships.  Mike has extensive experience litigating a variety of bankruptcy related matters in courts throughout the U.S. and also represents clients in complex bankruptcy related transactions and litigation. 

Immediately prior to joining Womble Carlyle, Mike served as Member-in-Charge and as a member of the Bankruptcy and Restructuring Department for his former law firm.

Prior to private practice, Mike was an Assistant State Attorney in Miami, Florida, where he tried numerous felony cases.

Mike is regularly invited to speak on corporate bankruptcy and restructuring matters (see below). Mike is committed to doing pro bono work and is a volunteer attorney for Delaware Volunteer Legal Services, Inc.

Representative Matters:

  • Acted as counsel to unsecured creditors committee in the Kainos Partners Holding Company LLC et al bankruptcy case;
  • Acted as counsel to unsecured creditors committee in the Moll Industries Inc. et al bankruptcy cases;
  • Acted as counsel to unsecured creditors committee in the Global Charter Services, Ltd., bankruptcy case;
  • Acted as counsel to the debtor in the bankruptcy case of Aphton Corporation;
  • Acted as counsel to the official committee of unsecured creditors in the Keystone Truck Equipment bankruptcy cases; 
  • Acted as counsel to the debtor in the bankruptcy cases of The Thaxton Group, Inc. and its affiliated entities; 
  • Acted as counsel to the debtor in the bankruptcy case of National Waste Services of Virginia, Inc.; 
  • Acted as counsel to the Liquidation Trust in the bankruptcy case of Oakwood Homes Corporation and its affiliated debtors; 
  • Acted as counsel to the debtor in the bankruptcy cases of Rouge Steel Company and its affiliated debtors; 
  • Acted as counsel to the Liquidating Trustee in the Valley Media, Inc. bankruptcy case; 
  • Acted as counsel to the company and the Plan Administrator in the bankruptcy cases of EBC I, Inc. f/k/a eToys, Inc. and its affiliated debtors.

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Professional Activities

Admitted to practice in Florida, Delaware and Pennsylvania.

Board Certified Specialist in Bankruptcy Law, American Board of Certification; Member, Turnaround Management Association; Member, National Association of Credit Management; Member, American Bankruptcy Institute; Member, Delaware Bankruptcy American Inn of Court; Co-Chair, Litigation Committee, Bankruptcy Section of the Delaware Bar; Treasurer, Florida Bar Out-of-State Practitioners Division.

Education

J.D., cum laude, Temple University School of Law, 1995; Member, Temple Political and Civil Rights Law Review.

B.S., Villanova University, 1990.

Prior Legal Experience

Member-in-Charge, Eckert Seamans Cherin & Mellott, LLC; Associate, Morris, Nichols, Arsht, & Tunnell; Assistant State Attorney, Miami, Florida.

Publications

Co-author, “At the Intersection of Successor Liability and the Bankruptcy Code,” American Bankruptcy Institute Journal, March 2012.
 
"Gone Fishing: The Fundamentals of Rule 2004," American Bankruptcy Institute Journal, February 2010.
 
 
"Does §502 (b)(6) Cap Repair and Maintenance Damages?,"  American Bankruptcy Institute Journal, November 2007.

Presentations

Speaker, “Hot Topics in Small Business Cases,” American Bankruptcy Institute Spring Meeting, April 2011.

Speaker, “Bankruptcy Litigation Advocacy Program,” Delaware Chapter of Federal Bar Association, March 11, 2011.

Speaker, "The Forgotten Faces: Employment Issues in Bankruptcy," American Bankruptcy Institute's 5th Annual Mid-Atlantic Bankruptcy Workshop, August 6-8, 2009.

Speaker, "The Nuts and Bolts of Chapter 11," Institute of Management Accountants (IMA) - Delaware Chapter, May 18, 2009.

Speaker, "Customer/Vendor Bankruptcies," Institute of Management Accountants Delaware Chapter, March 2009 Meeting, March 24, 2009.

Speaker, "Doing Business With Financially Troubled Companies," Florida Bar Annual Conference, June 18, 2008.

Speaker, "Buying Assets in Chapter 11," Mid-Atlantic Council of the Institute of Management Accountants Spring Conference, April 24, 2008.

Speaker, Florida Bar Annual Conference, Directors and Officers Liability Insurance Issues in Bankruptcy, June 27, 2007.

Speaker, National Business Institute The Fundamentals of Bankruptcy In Delaware: How to Give Clients the Debt Relief They Need, October 24, 2005.

Speaker, National Business Institute, Bankruptcy Law and Procedures from Start to Finish, July 25, 2007.

Speaker, Sterling Education Services, Commercial & Residential Lease Enforcement and Evictions in Delaware, December 9, 2008.

Speaker, Sterling Education Services, Commercial & Residential Lease Enforcement and Evictions in Delaware, March 20, 2007.

Speaker, National Business Institute, Automatic Stay Litigation, April 2007.