Michael Small

Experience

As a restructuring attorney and litigator, Michael Small focuses his practice on corporate restructuring, bankruptcy, and finance, as well as litigation related to each. He represents financial institutions, asset purchasers, creditors’ committees, secured and unsecured creditors, and debtors in reorganization cases, liquidations, workouts, transactions, and a variety of federal and state court litigation.

Michael has been a partner with the firm since 2000 and previously led the firm’s Bankruptcy & Business Reorganizations Practice Group. He is a member of the firm’s Sports & Entertainment and Food & Beverage Industry Teams, the Health Care & Life Sciences Sector, and the Environmental, Social, and Corporate Governance (ESG) Team. He continues to be a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois.

Practice Areas

Asset Acquisition

Bankruptcy & Business Reorganizations

Creditor Committee Representation

Environmental, Social, and Governance (ESG)

Fiduciary Representation

Finance

Financial Institutions

Israel

Litigation

Publications

Co-authored, "Three Likely Disruptors and Opportunities for Manufacturers in 2023," Foley's Manufacturing Industry Advisor (March 29, 2023)

Authored, "Are We There Yet?" Foley's Dashboard Insights (February 21, 2023)

Co-authored, "Electrifying a Fleet Presents Opportunities for Local Grid Stability and Revenue for Fleet Owners," Foley's Manufacturing Industry Advisor (April 22, 2022)

Co-authored, "EV Buses: Arriving Now and Here to Stay," Foley's Manufacturing Industry Advisor (March 15, 2022)

Authored, "COVID-19: Un-Lucky For the XFL" Foley's Dashboard Insights (May 22, 2020)

Co-authored, “Limited Options for Cannabis-Related Company Liquidations,” Foley’s Coronavirus Resource Center (April 3, 2020)

“7th Circ. Does The Math, Settlement Upheld,” Bankruptcy Law360 (January 6, 2012)

“Learning From Recent Insider Preference Cases,” Bankruptcy Law360 (October 2011)

Co-authored, “‘Unequivocal And Specific’ Claim Preservation,” Bankruptcy Law360 (July 2011)

Co-edited “Involuntary Bankruptcy” as a chapter within Business Bankruptcy Practice for Illinois Institute for Continuing Legal Education (2011 and 2013 Editions) [co-edited the same chapter in the subsequent editions]

Co-authored “Protecting the Value of Potential Tax Refunds for Secured Creditors” Bankruptcy Law 360, (June 8, 2010)

Co-authored, “Financing Renewable Energy,” Commercial Lending Review, Volume 23, Number 2 (March – April 2008)

“A Bankruptcy and Restructuring Conversation: From Alchemy to Taxidermy,” chapter in The Roles and Motivations of Key Players in Bankruptcy Cases, Aspatore Books (2006)

Work Highlights

Michael’s notable engagements include:

-In re AmeriMark Interactive, LLC (asset purchaser)

-In re Meridian Restaurants Unlimited (creditors committee)

-In re FTX Trading Ltd. (sports sponsorship counterparty creditor)

-In re Diamond Sports Group (contract counterparties)

-In re Proterra Inc. et al (supplier-critical vendor)

-In re Los Angeles Dodgers LLC (acquisition of L.A. Dodgers)

-In re Chicago National League Ball Club, LLC (acquisition of Chicago Cubs)

-In re Texas Rangers Baseball Partners (acquisition of Texas Rangers)

-In re Universal Cooperatives, Inc., et al (debtors’ counsel)

-In re AgFeed Industries, Inc. et al (special counsel to the debtors)

-In re Loves Furniture, Inc. (creditors committee)

-In re SquareTwo Financial Services Corporation (acquisition by plan sponsor)

-In re GenCanna Global USA, Inc. (creditors committee)

-In re The Financial Oversight and Management Board Puerto Rico (infrastructure creditor)

-In re Farmland Industries (bondholder committee and liquidating trustee)

-In re Sears Holdings Corporation, et al (sale-leaseback counterparty)

-In re Velocity Holding Company, Inc. et al (creditors committee)

-In re Giordano’s Enterprises, Inc. (largest ingredient supplier)

-In re Standard Forwarding (DIP lender)

-In re Murray, Inc. (creditors committee)

-In re Bridge Information Systems, Inc. (creditors committee)

-In re Corcoran Hospital District (chapter 9 debtor)

Education

Awards