Michael Messersmith is a Partner in the Chicago office of Kaye Scholer. He represents lenders, bondholders, agents, indenture trustees, hedge funds and other financial institutions, as well as borrowers, in distressed situations, workouts and bankruptcy proceedings throughout the United States. A primary focus of Mr. Messersmith’s practice is advising ad hoc groups of lenders and bondholders in restructuring situations.
Representative Matters
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Representing steering committee and, later, successor agent in out-of court restructuring of radio station group.
- Representing successor agent in debt-for-equity restructuring of media enterprise.
- Advising group of lenders in large hotel workout.
- Advising bondholders and trustees in real estate and medical center restructurings.
- Representing trustee in numerous bank holding company insolvency proceedings.
- Representing hedge fund in purchase of large condo development in Orlando, Florida out of a pending bankruptcy proceeding.
- Representing television enterprise in its bankruptcy proceeding in Delaware bankruptcy court.
- Representing real estate development company in insolvency proceedings involving joint venture partners.
- Representing lenders in several out-of-court restructurings of a promotional products concern.
- Advising lenders in the restructuring and eventual bankruptcy of a leading bus manufacturer.
- Advising more than 50 hedge funds and institutional lenders in a number of pending merger transactions.
- Advising the SEC-appointed receiver of a failed group of hedge funds.
- Representing corporate debtors in pending bankruptcy proceedings.
- Providing general restructuring advice to funds in connection with a multitude of investments in distressed companies.
- Advising a significant aircraft lessor in several airline bankruptcies.
- Representing the trustee of a failed aluminum producer.
Mr. Messersmith has written and lectured on a number of restructuring and distressed credit topics. Recent contributions include: “Distress in the Middle Markets - Liquidity, Logistics and Special Considerations” Distressed Debt Forum (September 2010); ”“Redemptions From Failed Hedge Funds: How Should They Be Treated by Courts?” Securities Regulation & Law (December 17, 2007); “Lender Liability Claims in the Big Apple — If They Can Make It There, They’ll Make It Anywhere,” The Secured Lender (May/June 2006).