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Michael B. Fisco is Managing Shareholder of Greenberg Traurig’s Minneapolis office. Michael focuses his practice on corporate debt restructurings, bankruptcy, and related litigation matters. He has deep experience representing indenture trustees and investors in restructuring defaulted debt securities.

Michael is business minded and focused on maximizing recoveries. He works with clients to develop and implement cost-effective business strategies, including capital structure alternatives, corporate governance matters, and management incentive plans. When necessary, he has filed and confirmed creditor plans of reorganization on behalf of client constituencies. Over the course of his career, Michael has 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.

Concentrations

  • Fraud remediation and asset recovery
  • Liquidating trusts
  • Qualified settlement funds
  • Agribusiness

Capabilities

Experience

  • Representation of indenture trustee and holders of $53 million of debt securities issued to construct a bio-mass power plant in East Texas, including litigation and appeals relating to lien priorities and state constitutional claims against the power plant assets.
  • Representation of indenture trustee of $24 million of debt securities to construct a sports complex in Minnesota.°
  • Representation of trustee in the formation and administration of qualified settlement funds.
  • Representation of trustee in formation and administration of various liquidating trusts established to monetize settlement payments, limited partnership assets, corporate tax refunds, and other assets.
  • Representation of indenture trustee in municipal bond default relating to private educational institution, including creating liquidating trust to monetize real estate collateral for the benefit of bondholders.
  • Representation of indenture trustee in municipal bond default relating to senior housing facility and worked with company and bondholders to implement out-of-court, consensual monetization plan that resulted in payment in full of all bond obligations.
  • Representation of indenture trustee in municipal bond default relating to senior housing facility and worked with company and bondholders to devise consensual plan for remedying defaults.
  • Representation of bond trustee and master trustee for holders of $194 million of debt securities issued by a hospital system, coordinating efforts with 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 trustee in investigation, out-of-court restructuring, and monetization of illiquid trust assets stemming from $300 million fraud.°
  • Representation of chapter 7 trustee in pursuit of claims against former officers and directors, secured lender, and merger partner relating to the fraudulent seizure of the debtor’s assets, resulting in payment in full of all creditor claims.
  • Representation of trustee in offensive litigation in the Delaware Court of Chancery relating to a complex fraud in ownership and sale of business and obtained $55 million preliminary injunction.°
  • Representation of chapter 7 trustee in investigation of officer, director, and insider fraud claims.
  • Representation of trustee in cross-border restructuring of $300 million in senior secured corporate notes involving Australian scheme proceeding and U.S. chapter 15 filing.
  • Representation of secured lenders in connection with defaults under $60 million credit facility and equipment finance arrangement with an oilfield services company.
  • Representation of chapter 7 trustee in pursuing $30 million in preferential transfers relating to national products distribution company.
  • Representation of secured lender in restructuring and paydown of $30 million credit facility relating to multiple retail locations.
  • Representation of secured lender in $30 million credit facility to commercial farming operation in restructuring of loan and taking additional security (including wetland credits) through state-law mediation.
  • Representation of creditor constituency in monetizing a vineyard and distillery assets connected with a fraudulent ownership scheme.
  • Representation of the Official Committee of Unsecured Creditors in the Antioch Companies/Creative Memories chapter 11 bankruptcy case, confirming creditor plan of liquidation resulted in a recovery of more than 45 percent for general unsecured creditors.°
  • Representation of equipment lessors with claims exceeding $8 million in chapter 11 bankruptcy and obtained order authorizing administrative expenses for debtors’ continued equipment use.°
  • Representation of the Official Committee of Unsecured Creditors in the Distribution Dynamics Chapter 11 bankruptcy case, confirming creditor plan of liquidation pursuing 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 an international company regarding assumption and assignment of an exclusivity agreement arising from the sale of a commodity brokerage business, including multiple litigation claims in the New York and Minnesota state and federal courts.°
  • 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.°
  • Representation of minor in state court proceeding for termination of parental rights.
  • Representation of non-profit youth soccer association in third party dispute regarding termination of various operational agreements.

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

Recognition & Leadership

  • Advisory Board, Page Education Foundation, 2020-Present
    • Active involvement in development and presentation of constitutional amendment assuring a quality public education of all children in Minnesota.
  • Advisory Board, Twin Cities Diversity in Practice

Credentials

Education
  • J.D., with honors, Mitchell Hamline School of Law, 1986
    • Editor, Hamline Law Review
  • B.A., University of Minnesota, 1983
Clerkships
  • Hon. Robert J. Kressel, Chief Judge, U.S. Bankruptcy Court for the District of Minnesota
Admissions
  • Minnesota
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit