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Michael M. Parker

Partner

Michael M. Parker

San Antonio

T:+1 210 270 7162

Austin

T:+1 512 536 2417

For over 20 years Michael Parker has focused his practice on bankruptcy and insolvency-related litigation and workouts in a broad range of industries. He has considerable experience representing large and small buyers of distressed assets in bankruptcy court and federal district court.  

Michael's pre-law life as a civil engineer and project manager gives him a unique perspective on many industries, helps him to understand and relate to client control desires, and helps him quickly understand and address problems presented. 

Michael's work is concentrated as follows:

  • Landlord/REIT/Tenant Rights and Real Property Leasing
  • Distressed Asset Buyers/Sellers
  • Creditor Rights
  • Equipment Leasing
  • Chapter 11 and 7 Trustees
  • Plan and Liquidation Trustees
  • Restructuring and Reorganization
  • Oil & Gas Insolvency
  • Loan Workouts
  • Foreclosure and UCC Article 9 Sales
  • Creditor Committees
  • Corporate Debtors
  • Forward and Derivative Contract Counterparties 

Michael has represented individuals, groups, corporations, private funds and private equity buyers in their acquisitions of distressed commercial assets, including hospitals and health care assets, and their defense of avoidance actions. He has helped financial institutions and other secured lenders maximize the value of their positions and return on capital in bankruptcy sales under section 363 of the bankruptcy code and through opposition to, or negotiation of, plans of reorganization. 

He regularly represents a Real Estate Investment Trust ("REIT") with hundreds of millions of dollars in assets, in the REIT's efforts to position itself to maximize its recovery on distressed, commercial, and real property assets in the REIT's portfolio. He represents plan, liquidation, Chapter 11, and Chapter 7 trustees in complex bankruptcy and commercial litigation disputes, contract counterparties, and large unsecured creditors in their attempt to maximize recovery and minimize damage. 

Michael also represents corporate bankruptcy debtors with complex litigation problems. Michael has represented a law firm and a designated health care network in the their respective, successful plans of reorganization.

In 1999, he was certified by the Texas Board of Legal Specialization in Business Bankruptcy and Consumer Bankruptcy Law. Michael served on its board  from 2005 to 2011, and served as its chair of its Business and Consumer Bankruptcy Commission in 2011.  

Previously, Michael served as a briefing attorney for the Honorable Ronald B. King, United States Bankruptcy Judge for the Western District of Texas; as a law clerk for Hon. John Cornyn, Associate Justice of the Texas Supreme Court (now a U.S. Senator); and as a law clerk for Hon. Lloyd Doggett, Associate Justice of the Texas Supreme Court (now a U.S. Representative).

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  • Education

    1993 - J.D., University of Texas School of Law
    1993 - M.B.A., Honors, University of Texas School of Business
    1987 - M.S., High Honors, Civil Engineering, University of Texas
    1986 - B.S., High Honors, Civil Engineering, University of Colorado

    Michael was admitted to practice law in Texas in 1993 and in Colorado in 1994.

     

  • Representative experience

    Michael's experience includes representation of the following:

    Distressed Asset Buyers

    • Largest refiner of petroleum products in the United States in its initial foray into the ethanol business; assisted company with its roughly half-billion dollar purchase out of bankruptcy of seven ethanol plants in the midwest United States; has also assisted the company in its subsequent purchases of ethanol plants out of bankruptcy
    • Prominent and very successful regional California hospital in its attempted purchase of another California hospital out of bankruptcy
    • Private equity fund in its purchase of a multimillion dollar commercial office building

    Bankruptcy Litigation

    • Largest refiner of petroleum products in the United States in its massive nationwide litigation related to one of the largest energy trader bankruptcies ever filed and to demands by oil suppliers made to refiners and retailers on derivative and forward contracts
    • Largest refiner of petroleum products in the United States in its defense of multiple lawsuits in Texas, Oklahoma, Kansas, New Mexico and Delaware by oil and gas suppliers attempting to assert security interests, liens and claims on product purchased by the oil and gas trader debtor and sold to client
    • Multiple institutions and individuals in commercial litigation related to bankruptcy cases, including representation of :
      (1) Plaintiff trustee in filing lawsuit against debtor's former law partner, and securing a $3.2 million judgment for absconding with clients and files
      (2) City in its environmental objections to trustee's proposed sale of assets
      (3) Multifaceted commercial real estate and multifamily operator in litigation with other creditors and debtor and in opposition to plan confirmation
      (4) International commercial vehicle business in defense of avoidance litigation
      (5) Largest undersecured creditor in each of three oil & gas cases and related litigation (recovered 100% plus interest and attorneys fees in two of three cases)
      (6) Homeowners association in pursuit of delinquent and non-compliant property owners
      (7) Multiple trustees (plan and Chapter 7) in claim objection proceedings, plan enforcement and challenge proceedings, and other commercial litigation to seize and recover assets and secure assets, in one case with the assistance (on several occasions) of U.S. Marshalls
    • Construction contractor defendants in defeat of bankruptcy discrimination claims, and representation of construction contract counterparties in payment disgorgement, restitution, fraud, unjust enrichment and quantum meruit claims
    • Defendants in mandatory and permissive abstention, removal, remand, bankruptcy removal and mandatory remand

    Landlord/Tenant

    • REITs and other landlords in dealing with the distressed commercial tenants (multiple industries) inside and outside of bankruptcy proceedings pending in Alabama, California, Colorado, Delaware, Florida, Georgia, Ohio, Oklahoma, Indiana, Illinois, Michigan, Massachusetts, New Jersey, Nevada, North Carolina, South Carolina, Maryland and Texas

    Intellectual Property and License Disputes in Bankruptcy

    • One of largest non-profit research institutes in the United States with extensive patent portfolio and IP licenses related to intellectual property claims, license issues, challenges and defenses in bankruptcy
    • Technology company in defense of preference and fraudulent transfer claims
    • Inventors and entrepreneurs in protection of their intellectual property and licenses in bankruptcy

    Equipment Lessors

    • Heavy equipment lessors and lenders with multi-million dollar equipment tied up in massive international bankruptcy case

    Real Estate Developers

    •  Real estate developers with limited liquidity and multiple claims to pursue and defend

    Private Equity

    • Private equity fund with tax-advantaged portfolio of multi-family real property held by debtor in default

    Insurance Companies

    • Insurance companies (commercial, general and workers compensation) in defense of successor liability claims post bankruptcy asset sale and related to contract counter party disputes, assumptions and rejection issues and bankruptcy appeals

    Trustees

    • Several Chapter 7, Chapter 11 and liquidating trustees in various complex commercial litigation (trust busting, avoidance & recovery, fraud, asset seizures, etc.), and in bankruptcy cases (claim objections, lifting of the stay)

    Non-Profits

    • Largest non-profit, charitable religious organization in the United States in the bankruptcy of its subsidiary or division

    Debtors

    • Corporate debtors in their complex commercial litigation related to their reorganizations and orderly liquidations
    • 100-year-old South Texas law firm
    • Sole designated healthcare network for major city  

    Bankruptcy Appeals

    • Trustee and multiple other institutions and individuals in bankruptcy appeals
  • Admissions
    • Colorado State Bar License
    • Texas State Bar License
  • Rankings and recognitions
    • Texas Super Lawyer, Bankruptcy: Business, Thomson Reuters, 2003 - 2004, 2008 - 2017
    • The Best Lawyers in America, Best Lawyers, 2008 - 2018
    • Outstanding Lawyer, San Antonio Business Journal, 2014
    • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2012 - 2014
    • Top Lawyers, Corporate Counsel, 2008 - 2012
    • Best S.A. Lawyers, S.A. Scene, Scene Publications, LLC, 2008 - 2014
    • Distinguished CEPM Alumni, The Project Manager, 2011
    • Outstanding Young Bankruptcy Lawyers, Turnarounds & Workouts Magazine, 1999
  • Publications
    • Author, "Letter to the Editor: BP RE and Peterson: Can Consent Cure What Ails Stern?" American Bankruptcy Institute Journal - April 2014
    • Author, "BP RE and Peterson: Can Consent Cure What Ails Stern?," American Bankruptcy Institute Journal - February 2014
    • Author, "Regardless of Motives, Impairment Is Still Impairment," The Journal of Corporate Renewal (May 2013)
    • Editorial Advisory Board Guest Editor, The Journal of Corporate Renewal, 2006 - 2012; Chair (2010 - 2012)
    • "Legal Update," 6th Annual Southwest Regional Conference, Turnaround Management Association Paper, May 2012
    • "Billions Riding on Disparate Opinions in Madoff Cases," The Journal of Corporate Renewal, December 2011
    • Guest Editor, The Journal of Corporate Renewal, Editor's Notes, May 2009, October 2010, October 2011
    • "Claim Seller's Goals Are Difficult to Achieve," The Journal of Corporate Renewal, April 2011
    • "When 'Absolute Assignment' Means Something Less Than Absolute," The Journal of Corporate Renewal, December 2010
    • "Buying Assets Outside a Plan - Court's Ability to Shield Buyers Is Limited," The Journal of Corporate Renewal, December 2007
    • "Ethical Considerations and Statutory Restrictions on Debt Collection," Judgment Enforcement in Texas, Lorman Seminar Paper, August 2002
    • "Bankruptcy Issues for Involuntary Participants," University of Houston Representing Corporations in a Changed Legal Environment Seminar Paper, November 2002
    • "Fax Pas: Stopping the Junk Fax Mail Bandwagon," 71 Or. Law Review 457 (1992)
  • Speaking engagements
    • Moderator and Speaker, "Judicial Panel," 8th Annual Southwest Regional Conference, Turnaround Management Association, April 2014
    • Speaker, "Legal Update," 7th Annual Southwest Regional Conference, Turnaround Management Association, May 2013
    • Moderator and Speaker, "Legal Update," 6th Annual Southwest Regional Conference, Turnaround Management Association, May 2012
    • Quoted by Allan Dodds Frank, "Inside the Mets' Madoff Payoff," The Daily Beast, March 20, 2012 
    • "Legal Update," 5th Annual Southwest Regional Conference, Turnaround Management Association, April 2011
    • Quoted extensively by Travis Poling, "Bankruptcy Claims Trading" San Antonio Business Journal, September 2011
    • "Purchasing Distressed Assets Module," Fifth Circuit Bench-Bar Bankruptcy Conference, Center for American and International Law, April 2010
    • Moderator, "Bankruptcy Case Update: A Review of Commercial Bankruptcy Cases from the Supreme Court, Circuit Courts, and Texas, New York, and Delaware District and Bankruptcy Courts," 4th Annual Southwest Regional Conference, Turnaround Management Association, April 2010
    • Moderator and Speaker, "Give and Take with Judges in Your District," Bench-Bar Conference for the Bankruptcy Section of the State Bar of Texas, June 2009
    • Moderator, Third Annual Texas Regional Conference, Turnaround Management Association, May 2009
    • Moderator, Judges Panel, Second Annual Texas Regional Conference, Turnaround Management Association, May 2008
    • Bench-Bar Conference for the Bankruptcy Section of the State Bar of Texas, June 2007
    • Moderator and Speaker, Judges Panel, Annual Texas Regional Conference, Turnaround Management Association, May 2007
  • Memberships and activities
    • One of six to ten commissioners on the Texas Board of Legal Specialization Bankruptcy Commission (2006 - 2011; Chair - 2011)
    • Turnaround Management Association, Central Texas Chapter, Founder, Member and Director (2001 to present), President (2001 - 2007);
      • TMA National Board (2008 - 2009)
      • The Journal of Corporate Renewal Board of Editors (2006 - present), Chair (2010 - 2012)
      • Guest Editor, TMA Journal of Corporate Renewal (2006 - present)
      • Legal Bulletin Editor (2006 - present) 
    • San Antonio Bankruptcy Bar Association (1995 - present), President (1998 - 2001)
    • San Antonio Lawyer Magazine, Departments Editor (1997 - 2005)
    • Western District of Texas Bankruptcy Bench Bar Conference, Founding Member (2000), Secretary (2000 - 2009)
    • University of Texas Law School Alumni Association, Keeton Fellow
    • American Bankruptcy Institute, Contributing Editor
    • Texas Bar Foundation Fellow
    • San Antonio Bar Foundation Fellow
    • Texas Board of Legal Specialization - Certified in both consumer and business bankruptcy law (1999)
  • Languages
    • French