Michael A. Rosow
It may be a messy, nasty matter, but I’m on it. I’ll take it off your hands.
Contact: P /612.604.6734E /firstname.lastname@example.org
University of Minnesota Law School, J.D., magna cum laude, 2001
University of Redlands, B.A., Government and Mathematics, magna cum laude, 1998
New York, 2002
U.S. District Court, D. Minn., 2002
U.S. Court of Appeals, 8th Cir., 2003
U.S. District Court, W.D. Wis., 2008
Ho-Chunk Nation, 2013-2017
U.S. District Court, D. Colo., 2015
North Dakota, 2016
U.S. District Court, D.N.D., 2016
When bank transactions get complex, messy, and are likely to go to trial or have evidentiary hearings on them, I’m in my element. I love stepping into a courtroom, and presenting a case calmly, persuasively, in a way the judge and jury can understand, all on behalf of my client. I work closely with my clients and develop lasting relationships with them to understand their business, how they work and what motivates them.
It’s not all contentious with me, though, as much as I love winning. On the transactional side, I enjoy the days when I am able to help clients acquire distressed assets, move quickly and provide guidance through the transaction, and take something that was going to waste or be a failed business and give it a second chance at life.
Even outside of my work, I enjoy competing – I do long-distance endurance running, biking and swimming, and have completed 3 IRONMAN triathlons, 10 marathons, several ultramarathons, and have run across the Grand Canyon and back. I am married with two sons, and am involved in their sports teams and Scouts.
A Groundbreaking Moment in my Career
When the Petters case erupted, it seemed like every law firm and lawyer in town was involved. I had first-chaired litigation matters before, but first-chairing that case, and our firm’s involvement in it, gave me a huge opportunity. I was still a relatively young lawyer – the youngest attorney at the lead counsel table by a decade –getting up again and again on behalf of my clients, and having my skills displayed to the larger bankruptcy community. I led the defendant group of more than 30 attorneys to take the deposition of the trustee’s chief expert. When I look back at some of the big cases I’ve had since then, a significant portion of them can be traced back to people I met and interacted with on the Petters case.
Practicing Creditors’ Remedies, Bankruptcy & Work-Out
I act as a strategic partner for banks and other financial lending institutions, working hand-in-hand with workout professionals to implement collection strategies in a timely and professional manner, and delivering strategic advice to clients who need to determine the best way to collect and enforce their rights. I also serve as an external workout professional to guide banks and loan officers through the process. In my creditors’ remedies practice, I work on matters such as the enforcement of secured loans, the acquisition of assets or a company that is distressed, bidding on and acquiring distressed debt, and collections on unsecured notes.
- Represented a bank in connection with a failed historic tax credit project. The matter ended with the bank foreclosing on the property and having an affiliate become the federal tax credit investor. Along the way, we had a receiver appointed, completed the renovations at the property, and obtained the dismissal of two bankruptcy filings by the borrower group.
- Represented a local bank in connection with a mortgage foreclosure matter involving multiple appeals to the Minnesota Court of Appeals and Minnesota Supreme Court. Successfully defended the priority of the bank’s mortgage against a junior creditor and defeated multiple lender liability claims asserted against the bank.
- Successfully represented a secured lender in a two day evidentiary hearing objecting to the debtor’s use of cash collateral and seeking relief from the automatic stay. The debtor had transferred substantial real estate assets on the eve of filing for bankruptcy and the parties had significant disagreements about the value of the real estate.
- Successfully represented a secured lender in having the borrower’s bankruptcy proceeding dismissed so that the lender could proceed with its state court foreclosure rights.
- Successfully tried an adversary proceeding objecting to a debtor’s discharge. The debtor had transferred significant assets on the eve of filing for bankruptcy and had filed materially false schedules and statements with the bankruptcy court.
- Represented secured lender in contested Chapter 11 cash collateral hearing involving a printing company which projected significant erosion of cash, inventory and account receivable levels early in the bankruptcy case. Obtained favorable cash collateral order which constricted the borrower’s ability to spend cash and erode collateral value.
- Represented loan servicer in bankruptcy proceeding with mortgages and liens on approximately forty convenience stores. The borrower’s efforts to confirm a cram-down plan of reorganization were defeated, which led to an agreed-upon 363 sale where each of the convenience stores was sold at public auction and the secured lender acquired one store through credit bid.
- Represented special servicers of CMBS loans on all aspects of commercial real estate loan workouts. Properties have included office, industrial, multi-family, warehouse, gas stations, convenience stores and hotels.
- Represented secured lender liquidating a large portfolio of loans to numerous home builders and residential real estate developers. Collateral included vacant lots, numerous spec homes, condominiums and properties involving homeowners associations. Remedies exercised on behalf of the lender included judicial foreclosures, foreclosures by advertisement, voluntary foreclosure agreements, deeds in lieu of foreclosure, deeds in escrow, reduction of redemption period to five weeks for vacant properties, and receivership.
- Represented a lead bank in connection with a foreclosure on a senior cooperative and in connection with a suit brought by participant banks. The matter included litigation in state court, bankruptcy court and federal court.
- Executed and recovered various unusual items of collateral, including show-horses, wholesale live-fish inventory, sports memorabilia, boats, snowmobiles, and certificated stock.
- Represented a group of secured creditors in purchasing the assets of a multi-national technology company out of an assignment for the benefit of creditors. The creditor group was successful in obtaining the key assets without significant further cash outlays.
The Best Lawyers in America©
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2020
Practicing Financial Services Litigation
In addition to representing lenders in creditors’ remedies and workout litigation, I also represent banks and other financial institutions in complex litigation matters. Because I have in-depth experience with both the business goals of financial institutions and the process of complex litigation, I am able to simplify matters in a way that supports my clients. I have experience in heavily litigated bank disputes, including lender liability claims, counter claims against banks, claims of coercion, and fraudulent inducement. I frequently work on cases involving Ponzi schemes, servicing, rights and obligations, mortgage foreclosures, receiverships and claim and delivery, including cases involving entities that have gone through bankruptcy or have issues associated with a bankruptcy filing.
- Represented multiple creditors in the bankruptcy and federal district court proceedings that arose in the wake of Tom Petters’ $3.5 billion Ponzi scheme, including the first major creditor to enter into a significant settlement agreement with the Petters’ trustee and the various bankruptcy estates.
- Successfully tried a weeklong jury trial seeking damages from a hedge fund that took control of an ethanol plant that failed to pay its other creditors. When senior management at the hedge fund was criminally indicted and the fund was placed in receivership, successfully used various collection tools to get our client paid in full.
- Represented a successor administrative agent brought in by the lender on a nine figure loan when the prior administrative agent, which was an affiliate of the borrower, failed to perform its duties. Guided the new administrative agent through the process of performing its duties when complete and accurate information was not made available and where the parties to the loan agreement were in active litigation.
- Represented an investor and a DIP lender in an involuntary bankruptcy proceeding brought against a mining company. Led the effort by a group of secured creditors to establish the priority of their claims and recover from the real estate and equipment securing their loans.
- Defended a bank in Federal Court from a seven figure conversion claim brought by a bonding company brought after the bank’s borrower failed.
- Represented several financial institutions in responding to residential mortgage repurchase demands totaling over $40 million. Coordinated with other defendants in defending against claims and developed unique settlement analysis that resulted in clients obtaining an early resolution of the claims.
- Represented a securities brokerage and trading firm in connection with a suit against an international financial institution for damages caused by a rogue employee.
- Successfully represented a participant bank in connection with a claim against a lead bank that had failed to disclose material information in connection with selling a multi-million dollar participation.
- Represented an administrative agent in connection with disputes regarding the administration of a $150 million loan facility that was in default.
Practicing Construction & Real Estate Litigation
Because of my experience foreclosing on a huge variety of real estate, I also represent property owners, developers on a range of matters including disputes related to the purchase and sale of real estate, title insurance disputes, boundary disputes, condemnation, and mechanic’s liens. I work with my clients to understand the process, particularly the cost and timing implications of litigation, so that they can make the best decisions to accomplish their business goals.
- Represented land owners and lenders in connection with condemnation proceedings. Worked with my transactions colleagues to simultaneously prepare for contested litigation and work towards a negotiated resolution.
- Represented multiple land owners in connection with boundary line disputes. Worked to find creative solutions that permitted all parties to benefit. When negotiated resolution was not possible, brought legal action to establish boundary lines, including Torrens registration proceedings, declaratory judgment actions and adverse possession claims.
- Represented land owners and lenders in reformation actions to correct legal descriptions in deeds and mortgages, sometimes from the early 1900s.
- Represented lenders in connection with making and negotiating title insurance disputes.
- Represented buyers, sellers and secured lenders in connection with the sale of distressed real estate.
- Represented multiple sellers of property pursuant to contracts for deed in cancelling the contracts and in ensuing litigation related to the cancellation of those contracts.
- Represented multiple landlords in commercial eviction proceedings.
Also experienced in
Business & Commercial Litigation
Trusts & Estates Litigation and Dispute Resolution
Honors & Awards
Super Lawyers®, 2007-2015
Minnesota Super Lawyers®
The Best Lawyers in America©
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2020
Associations & Memberships
Hennepin County Bar Association
Minnesota State Bar Association
New York State Bar Association
American Bar Association
Risk Management Association
District of Minnesota
Bankruptcy Practice Committee, 2012-2014
Turnaround Management Association
Board of Directors, Minnesota Chapter
Program Committee, Minnesota Chapter
Mid America Regional Conference, Minnesota Chapter Committee Member
American Bankruptcy Institute
Co-chair, Real Estate Committee
CRE Financial Council