Casner & Edwards

Michael J. Fencer

Bankruptcy, Insolvency, and Restructuring

  • Lead counsel to the official creditors’ committee in the Chapter 11 cases of a regional waste hauling company in its effort to restructure its various secured and unsecured debts through a consolidated plan of reorganization. 
  • Served as lead counsel to the official creditors’ committee in the Chapter 11 cases of an international shipping company, achieving a substantial dividend for unsecured creditors after payment through a consolidated liquidating plan of the remaining secured debt and substantial administrative expenses. 
  • Served as special bankruptcy counsel to a state court appointed receiver to contest an involuntary bankruptcy proceeding initiated by creditors against a leading sleep medicine provider with offices in multiple states, and successfully negotiated a consensual dismissal of the bankruptcy proceeding to allow the proposed asset sale by the receiver under the supervision of the state court to be closed. 
  • Served as counsel to the official creditors’ committee in the Chapter 11 cases of a prominent Boston hotel and condominium project, achieving full payment for unsecured creditors through a plan of reorganization that restructured a substantial amount of secured debt. 
  • Represented a buyer in connection with its purchase in bankruptcy of substantially all of the assets of a national flower bulb and perennials sales and distribution business, obtaining during the course of that representation, in addition to bankruptcy court approval of a private asset sale, bankruptcy court approval of an order fulfillment agreement that permitted the debtors' business operations to continue until the bankruptcy court could consider and ultimately approve the private sale to the client.
  • Served as lead counsel to the bankruptcy trustee of an e-commerce software development company seeking the recovery as fraudulent conveyances excess compensation, bonuses, and severance payments made to insiders resulting in the payment to the bankruptcy estate of a substantial six-figure settlement through informal mediation and settlement exchanges.
  • Lead counsel to the official creditors’ committee in the Chapter 11 case of a multi-divisional electrical contractor that included the successful recovery and collection of a substantial judgment for fraudulent conveyance and improper shareholder distribution claims against one of the debtor’s former shareholders.
  • Represented the creditors’ committee and then the post-confirmation Liquidating Supervisor of a credit card servicing company in suits against former officers and employees.
  • Served as lead defense counsel for the former president of a commercial and industrial oven manufacturer in an action involving claims of breach of fiduciary duty, and successfully obtaining full insurance coverage and other indemnity for the client on those claims.
  • Initiated bankruptcy court litigation on behalf of the bankruptcy trustee of a large excavation and site contractor for fraudulent conveyance and civil fraud conspiracy claims against insiders resulting in the payment to the bankruptcy estate of a substantial six-figure settlement through informal mediation.
  • Represented a critical, just-in-time supplier to an American light truck manufacturer in the distressed, out-of-court going-concern disposition of its business assets, which resulted in the satisfaction of substantially all creditor claims and the continued operation of the business and the employment of its personnel.
  • Initiated bankruptcy and state court litigation on behalf of a large energy industry supplier and contractor to create, perfect and enforce its state law mechanic’s lien on a hydro-electric power generation facility, resulting in full payment of its seven-figure claim. Lead counsel to assignee for benefit of creditors of a biomedical company that developed DNA based diagnostic testing protocols, which resulted in distributions to unsecured creditors from sale proceeds of intellectual property and other assets.
  • Lead counsel to assignee for benefit of creditors of technology company that developed three
    dimensional video modeling software and source code resulting in distributions to unsecured creditors after marketing and sale of tangible and intangible technology assets.
  • Lead counsel to assignee for benefit of creditors of business-to-business seller of product content and commerce solutions for manufacturers, where assignee successfully marketed and sold the company’s tangible assets and intellectual property, resulting in distributions to unsecured creditors.
  • Counsel to the official creditors’ committee in the Chapter 11 case of a high-end jewelry and watch retailer.
  • Counsel to the official creditors’ committee in the Chapter 11 case of a multi-state clothing retailer.

Construction

  • Lead trial counsel for a large energy industry supplier and contractor in state court litigation involving the prosecution of multi-million dollar back charge and indemnity claims, and the defense of the client against a subcontractor’s multi-million dollar claims for delay, inefficiency, and lost productivity in the course of a retro-fit installation of mercury and sulfur dioxide emissions reduction equipment on two 250 megawatt fossil-fueled steam electric generating units in Somerset, Massachusetts.
  • Lead trial counsel for a large electrical subcontractor in state court litigation involving the prosecution of multi-million-dollar delay, inefficiency, and lost productivity claims against a construction manager and a prominent Massachusetts university, resulting in a substantial recovery for the subcontractor and its trade creditors.
  • Lead counsel for subcontractor in prosecution of Miller Act claims and other related claims for delay and inefficiency damages arising on federal project in Boston, Massachusetts.
  • Lead counsel for subcontractor in prosecution of mechanics lien and bond claims for Boston hotel project, securing full payment for client.
  • Initiated bankruptcy and state court litigation on behalf of a cabinet and millwork supplier to create, perfect and enforce its state law mechanic’s lien and related payment bond claims, resulting in a six-figure settlement recovery for the client.
  • Documented, investigated and successfully resolved, through litigation and mediation, construction defect claims and related claims for breach of contract, negligence and unfair trade practices, with damages totaling in excess of $2 million, asserted on behalf of the owner of a residential apartment building.