TEL: 201-525-6262
FAX: 201-678-6262
msirota@coleschotz.com
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Legal Secretary: Caroline DeCourcey-Côte
TEL: 201-489-3000, ext. 5020
cdecourcey-cote@coleschotz.com

Michael Sirota, Co-Managing Shareholder of the firm and Chairman of the firm’s Bankruptcy & Corporate Restructuring Department, concentrates in all facets of restructurings, insolvency law and complex bankruptcy and commercial litigation. He represents publicly and privately held debtors, trustees, secured and unsecured creditors, equity holders, venture capitalists, private equity/hedge funds and parties with substantial interests in distressed situations and insolvency proceedings throughout the country. Mr. Sirota’s commercial and insolvency law knowledge and extensive court experience frequently result in his retention as special litigation counsel in complex matters tried before the United States Bankruptcy and District Courts.

Mr. Sirota's vast experience in "high stakes" insolvency and litigation matters has resulted in his frequent representation of businesses, high net worth individuals and professionals (including lawyers and financial advisors) faced with crisis situations.

He is a co-author of West Publishing’s New Jersey Practice Series “Sirota and Meisel, Debtor-Creditor Law Practice” (2008), covering, among other topics, Receivers for Corporations, Bankruptcy and Assignment for Benefit of Creditors. He is also a co-author of the New Jersey Bankruptcy Manual. Mr. Sirota has written numerous articles that have been published in the New Jersey Law Journal and various other journals.

Mr. Sirota frequently lectures and authors materials on bankruptcy topics for the New Jersey Institute for Continuing Legal Education.

Mr. Sirota is a fellow of the American College of Bankruptcy. He has been named one of The Best Lawyers in America (since 2000).  He has been named either one of the Top 10 or Top 100 New Jersey Lawyers since 2005. He has been awarded an AV rating for his professionalism and the quality of his legal work from Martindale-Hubbell, the premier directory of legal professionals.

Mr. Sirota serves as a member of the Lawyers Advisory Committee for the United States District and Bankruptcy Courts for the District of New Jersey.

Mr. Sirota served on the 2006 and 2007 United States Magistrate Judges Judicial Selection Committee for the United States District Court and the 2006 Merit Selection Committee for the selection of a United States Bankruptcy Judge.

Presentations:

Panelist - Third Circuit Judicial Conference

Guest - CNN Moneyline with Lou Dobbs

Panelist for New Jersey Institute of Continuing Legal Education:

• Recent Case Law Development in Bankruptcy 1992-2006
• Dischargeability
• The Power of the Bankruptcy Court: An Analysis of Section 105
• New Federal Rules of Bankruptcy Procedure
• Financial Aspects of Chapter 11
• Important Decisions and Aspects of Chapter 11 Practice

Mr. Sirota has restructured in excess of a billion dollars of distressed debt over his career.  In addition to accomplishing countless out-of-court restructurings, including New York Waterway and St. Joseph’s Hospital & Medical Center, Mr. Sirota has represented Chapter 11 debtors such as EnCap Golf Holdings, LLC, Marcal Paper Mills, Inc., Passaic Beth Israel Hospital, Princeton Ski Shops, Best Manufacturing Group, LLC (one of the country's largest textile distributors and manufacturers), Burke Industries, Inc. (aerospace and defense company), Topps Appliance City, Inc., Knights Lodging, Inc., Economy Lodging Systems, Inc. (188 motel franchisor), Carretta Trucking, Inc. (national trucking company), Horowitz/Rae Book Manufacturers, Inc. (national book distributor), Hit or Miss, Inc. (national retailer of women’s clothing), Integral Nuclear Management, Workbench Furniture, Inc. and Jazz Photo Corp. He has also represented clients in pivotal roles in the bankruptcy proceedings of St. Vincents Hospital, Linens 'N Things, Parmalat USA (special litigation counsel to Creditors' Committee), K-Mart, Bethlehem Steel, New Valley Corporation (Western Union), Bayonne Medical Center (counsel to largest secured creditor), Kara Homes (counsel to Creditors' Committee), Rickel Home Centers, Inc., Neuman Distributors, Inc., Keystone Camera Corporation, MacGregor Sporting Goods, Inc., Mutual Benefit Overseas, Inc., Grand Court Lifestyles, Inc., Bradlees Stores, Inc. and Agway, Inc.

In re Bressman, 327 F.3d 229 (3rd Cir. 2003) - successfully defended pre-eminent NYC criminal law firm against Chapter 7 Trustee disgorgement claim in excess of $500,000.

In re Swedeland Development Group, Inc., 16 F.3d 552 (3rd Cir. 1994) - argued before panel and en banc, seminal case in Third Circuit on debtor-in-possession financing and the standard for “priming” a secured creditor.

In re Jazz Photo Corp., 312 B.R. 524 (Bankr. D.N.J. 2004) -prosecution of sanctions motion against creditor and counsel.

In re Bressman, 214 B.R.131 (Bankr. D.N.J. 1997) - addressing the challenges in representing individual debtor against non-dischargeability actions and the funding of such defense.

In re Economy Lodging Systems, Inc., 205 B.R. 862 (Bankr. N.D. Ohio 1997) - “cram-down” and absolute priority rule in contested Chapter 11 confirmation proceeding.

Centennial Associates Ltd. Partnership v. F.D.I.C., 927 F. Supp. 806 (D.N.J. 1996) - successful dismissal of mortgagor’s claims for lack of jurisdiction.

In re Geriatrics Nursing Home, Inc., 195 B.R. 34 (Bankr. D.N.J., 1996 - reimbursement of costs and expenses sought by hostile plan proponent pursuant to 11 U.S.C. § 503(b)(3)(D).

Touch of Class v. Mercedes-Benz Credit of Canada, Inc., 248 N.J. Super. 426 (N.J. Super. A.D. 1991) - successful prosecution of case on behalf of Mercedes Benz in establishing true lease versus purchase agreement.

Matter of Keystone Camera Products Corp., 126 B.R. 177 (Bankr. D.N.J. 1991) - successfully opposed debtor’s attempt to prime existing liens and obtained conversion to Chapter 7.

Matter of Quality Spice Corp., 107 B.R. 843 (D.N.J. 1989) - doctrine of mootness on appeals from bankruptcy court orders.

C.B. Snyder Realty Inc. v. BMW of North America, Inc., 233 N.J. Super. 65 (N.J. Super. A.D. 1989) - successful defense of BMW North America against real estate broker’s claim.

• 26 Cole Schotz attorneys designated Super Lawyers
• Chambers USA cited Cole Schotz as one of New Jersey’s leading bankruptcy/restructuring law firms

• Attorney Quoted: EnCap Could Lay Waste to $300M, The Record
• Attorney Quoted: Texas Investors Complete Deal for Marcal, The Record
• Attorney Quoted: Linens 'n Creditors, The Record
• Attorney Quoted: Meet the Winners in a Weak Economy, NJ Biz
• Attorney Quoted: Chapter 11 Latest Twist for EnCap, The Record
• Retail Debtors Aggressively Attempt to Realize the Value of Shopping Center Leases, New Jersey Law Journal
• Buyer and Seller Beware!, New Jersey Law Journal

• New Jersey State Bar Association (Bankruptcy Law Section, former Legislative Coordinator)
• American Bankruptcy Institute
• Master, Bankruptcy Inn of Court
• Bergen County Bar Professionalism Committee, 2005 Co-Chairman