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.
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