Michael J. Kaczka

Chapter 11 Cases (Debtor)

• In re Essex Technology Group, LLC - representing a merchandise retailer and wholesaler that operates 92 "Bargain Hunt Stores" located in the Southeast United States (Bankr. M.D. Tennessee)
• In re Nashville Senior Care, LLC - represented multiple senior living facilities, including assisted living, independent living, memory care, and skilled nursing located in Ohio, Florida, and Tennessee in a successful section 363 sale of substantially all of their assets and a plan of liquidation (Bankr. M.D. Tennessee)
• Bolta US, Inc. - represented a Tier 1 and Tier 2 automotive supplier of injection model of chrome parts in a successful 363 sale of assets and plan of liquidation (Bankr. N.D. Alabama)
• American Home Products, LLC - represented a custom manufacturer of shutters and blinds in a successful 363 sale of business (Bankr. N.D. Georgia)
• Data Cooling Technologies, LLC - represented manufacturer of data center cooling systems in a successful 363 sale in Chapter 11 (Bankr. N.D. Ohio)
• Unique Ventures Group, LLC - represented the Chapter 11 Trustee as special sale and franchise counsel in the successful 363 sale of 28 Perkins® Family Restaurants franchises (Bankr. W.D. Pennsylvania)
• Coshocton County Memorial Hospital Association - represented a 56-bed acute care community hospital in a successful 363 asset sale and Chapter 11 case (Bankr. N.D. Ohio)
• Gulf Chemical Metallurgical Company, et al.  - represented a leading producer of ferroalloys in a successful 363 sale and plan of liquidation (Bankr. W.D. Pennsylvania)
• QSL of Medina, Inc., et al. - represented franchisor of Quaker Steak & Lube® brand in a successful 363 asset sale and bankruptcy plan of liquidation (Bankr. N.D. Ohio)
• The Antioch Company, LLC – represented direct sale and scrap-booking company in Chapter 11 reorganization (Bankr. D. Minnesota)
• Willard Rental Properties, LLP – represented a family-owned property management and home improvement company with 1,100 rental units in Northern Ohio in the successful Chapter 11 reorganization of the businesses (Bankr. N.D. Ohio)
• Duke and King Acquisition Corp. – represented franchisee of 92 Burger King® restaurants in a successful 363 asset sale and bankruptcy plan of liquidation (Bankr. D. Minnesota)
• BPI Energy, Inc. – represented a producer of coal-bed methane gas in Chapter 11 bankruptcy, including the sale of assets and confirmation of plan of liquidation (Bankr. N.D. Ohio)
• CHA Hawaii, LLC – represented a Hawaiian hospital system in chapter 11 bankruptcy culminating in a plan of reorganization (Bankr. D. Hawaii)
• The Antioch Company – served as co-counsel in representation of a direct sale scrap-booking company in a prepackaged Chapter 11 bankruptcy (Bankr. S.D. Ohio)
• CCI of West Palm, Inc. – represented multiple New York and Florida franchisees of TGI Friday’s® casual dining restaurant operations in chapter 11 bankruptcy (Bankr. S.D. Florida)
• Hydraulic Technologies, Inc. – served as co-counsel of an Ohio-based supplier of hydraulic lifts in the sale of its operations in chapter 11 bankruptcy (Bankr. N.D. Ohio)
• Union Stamping & Assembly, LLC – represented a West Virginia-based Tier I automotive parts manufacturer in a 363-asset sale and subsequent winddown of its business in Chapter 11 bankruptcy (Bankr. S.D. West Virginia)
• Risk Management Alternatives, Inc. – represented a group of national accounts receivable management services companies in the administration of their Chapter 11 bankruptcies, including the sale of substantially all of their assets and confirmation of a plan of liquidation (Bankr. N.D. Ohio)
• Tiro Industries – represented a Minneapolis-based manufacturer of private-label haircare and beauty products in a 363 sale of all assets and assisted in the administration of its Chapter 11 bankruptcy case (Bankr. D. Del.)
• Summitville Tiles, Inc. – represented an Ohio family-owned manufacturer of ceramic tile in a Chapter 11 bankruptcy culminating in a successful reorganization of the business (Bankr. N.D. Ohio)
• Gliatech, Inc. – represented an Ohio-based biotechnology manufacturer and developer in Chapter 11, which resulted in the payment in full of all secured and general unsecured creditors, pursuant to a confirmed liquidating plan. (Bankr. N.D. Ohio)

Chapter 11 Cases (Indenture Trustee/Creditors Committee/Liquidating Trustee)

• First Energy Solutions Corp. - co-counsel to Wilmington Savings Fund Society FSB and ad hoc group of pass-through certificate holders in Chapter 11 bankruptcy (Bankr. N.D. Ohio)
• Barzel Industries, Inc. – represented the official committee of unsecured creditors of a Massachusetts-based metal manufacturer in Chapter 11 bankruptcy (Bankr. D. Delaware)
• Huffy Corp. – represented the official committee of unsecured creditors appointed in the Chapter 11 reorganization of a leading distributor of bicycles and other wheeled products with over $220 million of revenue; and the subsequent representation of the post-confirmation liquidating trustee appointed to administer estate assets for the benefit of unsecured creditors (Bankr. S.D. Ohio)
• DT Industries, Inc. – represented the liquidating trustee appointed to administer assets for the benefit of unsecured creditors of an assembly products manufacturer and automotive supplier with over $200 million of revenue (Bankr. S.D. Ohio)

Distressed Acquisitions

• Represented affiliates of private equity firm TerraMar Capital LLC in the Chapter 11 cases of Francesca's Holdings Corporation, a Texas-based clothing retailer, held in Delaware bankruptcy court. TerraMar purchased substantially all of the assets of Francesca's under 363 of the Bankruptcy Code (Bankr. D. Delaware)
• Represented an Illinois-based portfolio company of a private equity firm in the sale of its assets under Article 9 of the Uniform Commerical Code
• Represented an Ohio-based distribution company in an out - of - court workout and balance sheet restructuring
• Represented a garden products company in an asset sale and balance sheet restructuring
• Represented an Ohio-based manufacturer in the purchase of equipment through an Article 9 sale under the Uniform Commercial Code in conjunction with the purchase of real estate
• Represented strategic purchaser of assets in Chapter 11 case of Ohio-based pipeline servicing business (Bankr. N.D. Ohio)
• Represented a purchaser of equity of distressed Cleveland-based biotech company out of court
• Represented a strategic purchase of assets of a national crossbow company via a UCC Article 9 sale

Receiverships, Out-of-Court Restructurings and Other Matters

• Represented Receiver for Hall Street Company, formally known as, The Robbins Company, a tunnel-boring manufacturer, in the successful sale and other proceedings in the Cuyahoga County Court of Common Pleas (Ohio)
• Represent Receiver for American Heritage Billiards, LLC, a distributer of gaming, billiards, and patio furniture, in the proceeding in the Cuyahoga County Court of Common Pleas (Ohio)
• Represented an Illinois-based senior living provider in an out-of-court workout with its senior lender
• Represented a California-based specialty manufacturer of products for the semiconductor, aerospace, and life sciences in an out-of-court workout with its lender and private equity sponsor
• Represented an Ohio-based retailer with over $250 million in revenue in an out-of-court workout and refinancing  
• Represented an Ohio-based diabetic supply company in an out-of-court winddown
• Represented a Maryland-based specialty building products company in an out-of-court winddown
• Represented subordinated secured lender in Chapter 11 case of Illinois franchisee of Applebee's® restaurants (Bankr. E.D. Kentucky)
• Represented a trust mortgage trustee in the winddown and liquidation of an Ohio-based lumber company
• Represented a thermoform and injection-molded plastics company in an out-of-court debt restructuring
• Represented an Ohio-based company specializing in the rental and sales of concrete forming and shoring equipment in the winddown and liquidation of its business
• Represented a regional insurance company as a creditor in a variety of Chapter 11 bankruptcy cases
• Represented a Michigan-based telecommunications company in an Article 9 sale of its business lines

Named one of the Best Lawyers in America in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2024)

Turnaround Award Management Association (Northern Ohio Chapter "Turnaround of the Year" 2016)

Selected for inclusion in Ohio Rising Stars (2009-2018)

“Big Brother of the Year” – Big Brothers/Big Sisters of Greater Cleveland (2003)

“Dean’s Community Service Award” – Case Western Reserve University School of Law (2002-2003)

“Student Leadership Award” – Case Western Reserve University School of Law (2002-2003)

Education

Case Western Reserve University School of Law

Washington and Lee University

Admissions – Court

Admissions – State

Community Involvement

Turnaround Management Association, Northern Ohio Chapter (Board President)

American Bankruptcy Insititute 

Family Promise of Greater Cleveland (Board of Directors, Chair of Governance Committee)

A Kid Again, Northern Ohio Chapter (Board Member, Vice President)

Case Western Reserve University School of Law (Adjunct professor for LLEAP 3 Transactions class)

St. Ignatius High School Alumni Association

External News & Publications

"Passage of the Small Business Reorganization Act Could Dramatically Change a Majority of Chapter 11 Bankruptcies (For the Better)," TMA Turnaround Times - Ohio (May/June 2019)

"Sixth Circuit Rules that the “Insured Versus Insured” Exception Applies to Liquidating Trustees," TMA Turnaround Times - Ohio (September/October 2017), Author

"A Decade of Limitations: Avoidance Lookback May Be Longer Than You Think," TMA Turnaround Times - Ohio (November/December 2016), Author

"The Pendulum Has Swung: A Sea Change in Directors' Fiduciary Duties Under Delaware Law," TMA Turnaround Times—Ohio (May/June 2015), Author

“Restructuring Concepts for Troubled Restaurant Franchisees,” Ohio TMA News (May 2011), Co-author

“Community Hospitals – Challenges and Trends,” Ohio TMA News (June 2010), Co-author.

“The Bankruptcy Act Two Years Later: Why Trade Creditors Are Disappointed,” Cleveland Bar Journal, Vol. 79, No. 3 (February 2008), Co-author

Speaking Engagements

"Franchisor/Franchisee Bankruptcies – Challenges & Opportunities", Turnaround Management Association, Great Lakes Regional Conference (May 2017)

"363 Sales," Turnaround Management Association, Ohio Chapter, Panelist (November 2016)

"Shale Oil and Gas—It Is Boom or Bust!" Geauga Growth Partnership, Panelist (March 2015)