David G. Michael practices law in many different areas including commercial litigation, real estate law and litigation, real estate transactions, commercial leasing, and urban revitalization law. He also works with landlord-tenant and condominium law and litigation.
David is a member of the Oakland County Bar Association, where he is a contributor to LACHES Magazine and he stands as the Real Estate Committee Vice-Chair.
He is also a member of the State Bar of Michigan in the Information Technology Law and Real Property Law sections.
David is contributor to Development Magazine, a publication of the Commercial Real Estate Development Association (NAIOP).
In 2001, David was an AmeriCorps*VISTA Anti-Poverty Fellow in Washington, D.C. When he is able to, David likes to ski, sail, and keep German Shepherd dogs.
Revitalize Our Cities Now! Podcast Series
David is the founder and host of this podcast series that provides listenable conversations about entrepreneurs, governments, and organizations revitalizing the city centers of Detroit, Pontiac, Saginaw, Flint, and other Michigan cities.
David talks with experts about corporate structuring, financing, and operating bricks-and-mortar businesses and communities in the city.
The series explores real estate related topics including acquiring land, redevelopment incentives, real estate and non-profit law, immigration and economic redevelopment, private equity, venture capital, and more. This podcast is for entrepreneurs, community groups, real estate investors and developers, and everyone with a stake in urban revitalization.
Introduction Episode: Welcome to Revitalize Our Cities Now! Meet real estate attorney David Michael and learn why the Revitalize Our Cities Now! podcast will benefit entrepreneurs, community groups, real estate investors and developers, and everyone with a stake in urban revitalization.
Episode 1: Guest Roberto Torres, Director of Immigrant Affairs & Economic Inclusion Housing & Revitalization in Detroit.
Episode 2: Guest Francis Grunow is a native Detroiter, an urban policy consultant, a former urban planner for the City of New York, a writer, and a part-time parade maker. We asked Francis about all those things and more.
Episode 3: From 2003 to 2008, Steve Tobocman served as Representative from Michigan’s 12th State House District in Detroit, home to one of the state’s largest immigrant communities, and ended his term as the Majority Floor Leader, the second-ranking position in the Michigan House. Since 2009, Steve has spearheaded Global Detroit and led the creation and growth of the Welcoming Economies Global Network, a ten-state regional network of 30 local immigrant economic development peer initiatives is helping to make the Rust Belt a leader in immigrant innovation.
Episode 4: David Michael talks to Joe Marra and Alinuru Yasin. Joe is the co-founder of Creating Space Detroit, a non-profit working to create a recreation park in Detroit’s Bagley neighborhood. Joe also owns commercial property in that neighborhood and shares his thoughts on commercial development in the city. Alinuru is a professional risk manager and poet and he offers insights into community engagement and its role in the urban revitalization process.
Episode 5: Architect Brian Hurttienne discusses his firm’s residential redevelopment projects in Detroit’s Corktown neighborhood, preservation tax credits, redevelopment partnerships, and the historic Detroit theater club, The Players.
Episode 6: Mark Habel was Chief of Housing Programs for the Federal Housing Administration and Housing and Urban Development in Michigan, Vice President of Technical Services of the Midwest Regional Office of Midland Mortgage Investment Corporation, and the executive director of a Detroit nonprofit housing corporation. Mark is now a commercial real estate appraiser and consultant focusing his work on redevelopment and revitalization projects in Detroit and he discussed the appraisal process and the intersection of real estate appraisal and urban revitalization on our podcast.
Commercial Leasing Victory in Chapter 11 Bankruptcy Case
In a large chapter 11 bankruptcy case in which the debtor was a franchisee that operated internationally-branded restaurants at locations leased from eight separate landlords, we represented one of the landlords.
The debtor was operated post-petition by the receiver that had been previously appointed to collect a large money judgment against the debtor. The debtor’s only assets were its value as a going concern and its eight leases. Most of the leases were priced over-market, so the debtor had no liquidation value.
In order to sell the debtor as a going concern, the receiver cleverly used bankruptcy law and the opacity of the bankruptcy process to force the landlords—most of which were owed huge amounts for unpaid pre-petition rent—to renegotiate their leases to below market prices.
However, in the end, the receiver was unable to sell the debtor as a going concern and was forced to close all of the restaurants—except the one operated on the premises that the debtor leased from our client.
We were able to successfully oppose the receiver’s scheme and to sell the premises owned by our client to a third party at a profit. None of the debtor’s other landlords were paid anything on account of their claims for pre-petition rent—although the receiver and its attorneys collected huge fees.
Favorable Outcome & Attorney Fees Recovered in Real Estate Case
In a commercial leasing bankruptcy case involving a debtor franchisee, we were able to counsel our landlord-client through the Chapter 11 process and successfully replace the debtor with a new tenant.
We also recovered all of our client’s attorney fees from the debtor in the process.
Member of the Michigan Land Title Association