Michael E. Hastings

Mike has a long history of finding solutions for business borrowers, commercial lenders, and private equity investors by working relentlessly and creatively to solve problems arising from financially distressed businesses. He has earned a reputation not only of being a strong advocate for his clients, but he also enjoys the trust of opposing restructuring professionals throughout the Mid-Atlantic region.

Mike has handled both court-supervised and out-of-court restructuring and liquidation of businesses, utilizing bankruptcy proceedings, federal and state-court receiverships, and statutory dissolutions under state law.

Mike also has significant experience representing sellers and purchasers of substantially all of the assets of distressed businesses, in both court-supervised liquidations and in out-of-court transactions, including foreclosures of personal property under Article 9 of the Uniform Commercial Code and real estate pursuant to mortgages and deeds of trust.

Mike was born and raised in the mountains of Wyoming, instilling in him a love of the outdoors, including working on his farm on the weekends, hiking with his wife Mary and their dogs, playing tennis and golf, and riding his gravel bike. He also enjoys listening to the music of his daughter, Anne Elise and her band, who resides in and performs regularly in New Orleans, Louisiana.

Chapter 11 Reorganizations and Liquidations

Lead debtor’s counsel in Chapter 11 reorganizations, including the successful reorganization of The Glebe, Inc., a continuing care retirement community in Virginia and Yates’ Mobile Home Sales, a manufactured home distributor in Virginia.
Lead debtor’s counsel in Chapter 11 liquidations, including companies in the following industries: manufacturing (apparel and furniture), high technology (telecommunications), service (plumbing, food), medical (hospital), financial (hedge fund), real estate development, and charitable organizations. Represented the debtor in several Chapter 11 cases in the Eastern District of Virginia including Heilig-Meyers and Cardinal Homes, Inc.
Represented secured and unsecured creditors in many Chapter 11 cases, including some of the largest cases filed in the United States: Fortune 500 companies in the General Motors (Southern District of New York), Hawker-Beechcraft (Southern District of New York), Kodak (Southern District of New York), RG Steel (District of Delaware), and Lyondell Chemical (Southern District of New York) bankruptcy cases.
Represented the petitioning creditors in state court receiverships throughout Virginia.
Represented a major joint venture partner to the debtor in a Western District of Virginia Chapter 11 case.
Represented a national commercial bank for many years in loan workouts and bankruptcy cases throughout Virginia.
Represented private equity investors in the Velocity Capital case pending in the District of Delaware.
Represented lessors in the Circuit City (Eastern District of Virginia), Ennstone (Eastern District of Virginia) and Movie Gallery (Eastern District of Virginia) cases.
Represented a significant supplier in the Cadence Innovation Chapter 11 pending in the District of Delaware.
Represented a variety of trade creditors in the Chapter 11 cases of Alpha Natural Resources, Inc. and Patriot Coal, both pending in the Eastern District of Virginia.
Represented the founder and former CEO of Health Diagnostics Laboratories, Inc., pending in the Eastern District of Virginia.

Loan Workouts and Financial Restructuring

Represented borrowers (ranging from small, family companies to large businesses) and lenders (ranging from community banks to national banks and private investment companies and hedge funds) in countless out-of-court loan workouts and financial restructuring transactions.

Creditors’ Committee Representation

Represented Official Committees of Unsecured Creditors in cases in Virginia and Delaware, including the Champion Homes, International Garden Products, and Samuels Jewelers bankruptcy cases pending in the District of Delaware and numerous Chapter 11 cases in Virginia bankruptcy courts.
Represented the Official Committee of Unsecured Creditors in the Xinergy Ltd. case in the Western District of Virginia.

Purchasers of Assets and Businesses in Bankruptcy

Represented purchasers of assets in Chapter 11 in the following industries: oil and gas, manufacturing (apparel and furniture), telecommunications, health care, railroad, resorts, and food service.

Representation of Trustees and Receivers

Appointed as receiver of a large construction company by a state court in Virginia, and he represented the receiver in multiple receiverships prosecuted by the Commodities and Futures Trading Commission and the Securities and Exchange Commission.
Represented Chapter 7 trustees in litigation of estate claims, including avoidance actions, directors’ and officers’ liability claims and professional malpractice claims.
Represented the Liquidating Trustee in the LandAmerica Chapter 11 (Eastern District of Virginia), and the Liquidating Trustee in the Champion Homes case (District of Delaware).
Represented state court receivers, including the Receiver of Capitol Components & Millwork in the Loudoun County Circuit Court.
Represented the petitioning creditor in several state court receiverships, including the receiverships of BRVA Properties in the Circuit Court of the City of Martinsville, Virginia and of Widget Home, LLC in the Circuit Court for Campbell County, Virginia.

Continuing Care Retirement Communities, Long Term Care and Assisted Care Facilities

Served as lead counsel for the debtor in the Chapter 11 reorganization of a Continuing Care Retirement Community (CCRC), one of the few in the U.S. to successfully reorganize and emerge from Chapter 11. Michael’s work involved restructuring secured municipal bonds and negotiating with and obtaining a release from a moratorium on the collection of entrance fees imposed by the Virginia State Corporation Commission and the Virginia Department of Insurance.

Recognition

Education

Washington and Lee University School of Law, J.D.

Eastern New Mexico University, B.B.A., cum laude

Admissions

Virginia

New York

U.S. Bankruptcy Court, Eastern District of Virginia

U.S. Bankruptcy Court, Western District of Virginia

U.S. Court of Appeals, Fourth Circuit

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of Virginia

U.S. District Court, Western District of Virginia

American Bankruptcy Institute
Virginia Bar Association, Bankruptcy Law Section, Former Chair, Board of Governors