Michael Kind is an Associate in Locke Lord’s Litigation Department and a member of the Bankruptcy, Restructuring & Insolvency and the Business Litigation & Dispute Resolution Practice Groups.
Michael has represented creditors, debtors, and trustees in a variety of bankruptcy matters, adversary proceedings, and other disputes. Michael’s bankruptcy experience includes defending and obtaining relief from the automatic stay, resolving claims disputes, litigating claim priority disputes, contesting disclosure statements and plans of reorganization, drafting first-day and other dispositive motions in Chapter 11 debtor representations, and litigating appeals of contested bankruptcy matters. Michael has also represented defendants in a variety of bankruptcy adversary proceedings and contested matters such as fraudulent conveyance and general fraud litigation, preferential transfer litigation, contract disputes, insurance disputes, and fiduciary duty litigation.
Michael has also counseled creditors such as insurance companies, landlords, and media agencies with special bankruptcy-related and intellectual property issues. He has also advised clients on the bankruptcy implications of various business transactions and litigation strategies.
Michael’s practice also includes experience in complex commercial litigation, focusing on breach of contract, consumer protection, fraud, business tort, post-judgment proceedings, and other disputes in state and federal court. He also represents banks and borrowers in commercial foreclosure proceedings and advises landlords with respect to commercial lease agreements.
Prior to joining the firm, Michael was a judicial intern for Honorable Alvin K. Hellerstein of the United States District Court for the Southern District Court of New York and interned for Congressman Mark Kirk.
Michael has also been recognized by Illinois Super Lawyers as a Rising Star in the bankruptcy field since 2015.
Representative ExperienceRecent and Current Engagements
- Prosecuting a pending appeal in the United States Court of Appeals for the Seventh Circuit based on a judgment that client’s first priority secured lien is superior to State of Illinois tax claim in section 363 sale proceeds
- Defending a group of former directors and officers against claims asserted by their company’s Official Committee of Unsecured Creditors and Litigation Trustee for breach of fiduciary duty
- Prosecuting a pending appeal in the United States Court of Appeals for the Seventh Circuit from a judgment for breach of a shareholder agreement, implicating questions of joint and several liability, causation and sufficiency of evidence
- Representing borrower and owner of multiple gas stations and other business in commercial foreclosure dispute
- Representing a bank in debt collection efforts involving multiple federal and state lawsuits based on contract and collateral priority disputes in the metals industry
- Representing a bank in loan workout, involving potential seizure and liquidation of collateral assets and litigation to obtain an injunction and/or order for replevin
- Representing insurance company in bankruptcy litigation to determine whether debtor’s insurance policy are void or rescindable
- Representing prosthetics manufacturer in negotiation of product supply agreement with chapter 11 debtor and securing bankruptcy court approval of priority claims and granting of purchase money security interests
- Representing insurance company in the chapter 11 proceedings of outdoor cooking equipment and accessories manufacturer; negotiated resolution of pending claims against the Debtor; negotiated elements of Chapter 11 Plan beneficial to resolution of insured claims; attended and participated in Plan confirmation hearing. In re Malibu Lighting Corporation (Bankr. D. Del.)
- Representing partner in complex partnership and contract dispute regarding allocation of sale proceeds of partnership assets
- Representing secured lender in chapter 11 proceedings of borrower; advising on section 363 sale issues. In re Harrington and King Perforating Co., Inc. (Bankr. N.D. Ill.)
- Represented a supplier and creditor in the Chapter 11 proceedings of a consumer electronics company, prosecuting reclamation demand and administrative claims, and defending against preference claims. In re RadioShack Corp. (Bankr. D. Del.)
- Represented secured lender in complex foreclosure proceedings which led to a Chapter 11 filing; moved to keep receiver installed and obtained court order granting motion; proposed alternative plan of reorganization and secured global settlement agreement
- Represented a chapter 11 liquidating trustee in connection with the liquidation of assets, including, but not limited to, the sale of minority shareholder interests, the resolution of claims, and various issues on appeal
- Represented one of the largest residential and commercial real estate developers in Chicago’s Bucktown and Wicker Park neighborhoods in all aspects of its pending chapter 11 case. Assisted with significant motion practice, claims administration, appellate practice and discovery matters
- Assisted in Representation of Olson Rug Company in its chapter 11 reorganization before the United States Bankruptcy Court for the Northern District of Illinois. Assisted in defense of an appeal brought by large creditor in connection with bankruptcy court order granting claim objection based on the priority and maximum amount allowed for certain employment claims. Assisted in obtaining District Court order and opinion denying appeal. See Belson v. Olson Rug Co., 483 B.R. 660 (N.D. Ill. 2012).
- Represented and defended an equity holder of Chapter 11 Debtor Greenwich Sentry, L.P. in connection with a lawsuit to recover redemption payments made pursuant to the limited partnership agreement. Claims asserted include unjust enrichment, mistaken payment and constructive trust.
Professional Affiliations and Recognitions
- Member, Turnaround Management Association
- Member, American Bankruptcy Institute
- Recognized as a Rising Star by Illinois Super Lawyers in the Bankruptcy field (2015-2020)
- Jewish United Fund, Ben Gurion Society Member (Young Leadership Division)
- Jewish United Fund, Young Lawyers Group (YLG) Member
- United States Holocaust Memorial Museum, Next Generation
- University of Pennsylvania Chicago Alumni Club