Contact

+1 212.756.2150

bWljaGFlbC5jb29rQHNyei5jb20=

919 Third Avenue

New York, NY 10022

Download Vcard

Practices

Bar Admissions

  • New York

Court Admissions

  • US Court of Appeals, Third Circuit, 2001
  • US District Court, Northern District of New York, 1996
  • US Court of Appeals, Fourth Circuit, 1986
  • US Court of Appeals, Seventh Circuit, 1984
  • US Supreme Court, 1973
  • US Court of Appeals, Second Circuit, 1972
  • US District Court, Southern District of New York, 1970
  • US District Court, Eastern District of New York, 1970

Education

  • New York University School of Law, JD
  • Columbia College, AB

Michael L. Cook

Of Counsel

Served as a partner in the New York office for 16 years, devoting his practice to business reorganization and creditors’ rights litigation, including mediation and arbitration. 

Michaels' clients include professional firms, lenders, acquirers, trustees, creditors’ committees, troubled companies and other parties. Michael’s representative engagements include the following:

  • Counsel to founding law firm partner on successful appeal after trial in dissolution action, preserving his capital account and profìt share in Arkin Kaplan Rice LLP v. Kaplan, 199 App. Div. 3d 480 (1st Dept. 2021);
  • Counsel to prevailing group of lenders in Eddystone Rail Co. v. Bank of America. N.A., 2021 WL 4443391 (S.D.N.Y. Sept. 28, 2021) (dismissed fraudulent transfer suit);
  • Counsel to prevailing lender in Nitel, Inc. v. Cerberus Bus, Finance, LLC,2021 WL 5770933 (S.D.N.Y .2021) (withdrawal of state law conversion action from bankruptcy court);
  • Counsel to five law professors (Illinois, Columbia, Pennsylvania and Tennessee) as amici curiae supporting prevailing party in City of Chicago v. Fulton, 141 S.Ct. 585 (Jan. 14, 2021);
  • Counsel to prevailing secured lender and reorganized debtor in In re Patriot National, Inc.,2020 WL 5821754(D. Del. Sept. 30, 2020) (affirmed bankruptcy court’s confirmation of reorganization plan on jurisdictional and good faith grounds);
  • Counsel to prevailing law firm in In re Renaissance Radio, Inc.,805 Fed. Appx. 319 (5th Cir. May 18, 2020),  denied, _U.S._ (Dec. 7, 2020) (affirmed denial of former shareholder's motion to revoke reorganization plan confirmation order and to reopen closed case for purpose of disallowing lender's legal fees; also affirmed enjoining of shareholder's further filings as “vexatious litigant.”);
  • Counsel to prevailing law firm defendants in Kaplan v. Ladenburg Thalmann & Co., Inc., 2019 N.Y. App. Div. Lexis 2157 (1st Dept. March 21, 2019) (affirmed dismissal of lease breach, fraudulent transfer, conversion and breach of fiduciary duty claims);
  • Counsel to prevailing defendant in Enron Creditors Recovery Corp. v. Alfa SAB, 651 F.3d 329 (2d Cir. 2011) (reversed bankruptcy court; fraudulent transfer and preference complaint dismissed)
  • Counsel to prevailing law firm in In re Quigley Co., 500 B.R. 344 (Bankr. S.D.N.Y. 2013) (fee application granted over U.S. Trustee objection);
  • Counsel for prevailing debtor in In re Quigley Co., 676 F.3d 45 (2d Cir. 2012) (affirmed propriety of injunction staying litigation against insurance assets);
  • Counsel for prevailing law firm in In re United Merchs. & Mfrs., Inc.,198 F.3d 235 (2d Cir. 1999) (affirmed denial of sanctions and of creditor’s application for fees and costs);
  • Counsel for prevailing debtor in Dalkon Shield Claimants v. A.H. Robins Co., 828 F.2d 239 (4th Cir. 1987) (affirmed denial of motion for reorganization trustee)
  • Counsel for prevailing debtor in Grady v. A.H. Robins Co., 839 F.2d 198 (4th Cir. 1988) (affirmed judgment that creditor’s claim subject to automatic stay);
  • Counsel for prevailing acquiror in In re Chicago, Milwaukee, St. Paul and Pacific R. Co., 756 F.2d 508 (7th Cir. 1985) (affirmed judgment that acquiror could bid for assets months after bidding deadline)
  • Counsel for prevailing defendants in fraudulent transfer suit, Scherling v. Ehrenkranz, 121 B.R. 961 (S.D.N.Y. 1991) (affirmed judgment dismissing complaint after trial);
  • Counsel to prevailing creditor in Andy Warhol Foundation v. Hayes, 183 F.3d 162 (2d. Cir. 1999) (reversed lower court; held creditor’s claim for debtor’s breach of fiduciary duty survived debtor’s bankruptcy discharge);
  • Counsel to prevailing law firm in In re Ames Dept. Stores. Inc., 76 F.3d 66 (2d Cir. 1996) (fee application granted, reversing district court);
  • Counsel to prevailing lenders in Flushing Savings Bank v. Parr, 81 A.D.2d 655 (2d Dept. 1981) (reversed lower court and granted summary judgment, finding fraudulent transfer by borrower with actual intent to hinder and delay);
  • Counsel to prevailing debtor in Fidelity Mortg. Investors v. Camelia Builders, 550 F.2d 47 (2d Cir. 1976) (affirmed contempt judgment and awarded attorneys' fees for prosecuting contempt proceeding and other related costs);
  • Counsel to prevailing creditor in Columbia Pictures Inds., Inc. v. D.H. Overmeyer Telecasting Co., Inc., 470 F.Supp. 1250 (S.D.N.Y. 1979) (reversed bankruptcy court’s denial of attorney-client privilege; struck compelled responses from record). 

Michael received the 2022 Lexology Client Choice Award for restructuring and insolvency with over 2,000 nominations from clients, with no involvement from law firms during the process. According to one nominating client, Michael “knows everything there is to know and is an invaluable asset to his clients.” Chambers USA listed Michael as a “leading individual” in bankruptcy/restructuring and interviewees praise him for his “tremendous experience and vision in bankruptcy matters.” He has also been recognized by Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys, The Best Lawyers in America, Expert Guide to the World’s Leading Banking, Finance and Transactional Law Lawyers, The K&A Restructuring Register, The Legal 500 US, New York Super Lawyers, PLC Cross-border Restructuring and Insolvency Handbook and Who’s Who in American Law. 

He is a past chair of the American College of Bankruptcy, which has established the “Michael L. Cook Extraordinary Grant” for legal services organizations that provide pro bono bankruptcy services for indigent consumer debtors; a past chair of Lawyers Alliance for New York; and a past chair of the New York Bankruptcy Assistance Project. He is also a fellow of the American and New York Bar Foundations and a former chair of the American Bar Association’s Creditors’ Rights Litigation Committee.

A frequent contributor to major publications, Michael serves as lead editor and contributing author of Bankruptcy Litigation Manual (rev. ed., Aspen Law & Business, 2023), is on the editorial boards of Pratt’s Journal of Bankruptcy Law and The Bankruptcy Strategist, was a contributing author to Collier Bankruptcy Guide (rev. ed., Matthew Bender, 2022) and Collier on Bankruptcy (15th rev. ed., 2003), and he co-authored Creditors’ Rights, Debtors’ Protection and Bankruptcy (3rd ed., Matthew Bender, 1997) (with NYU School of Law Professor Lawrence P. King).

Michael served for 26 years as an Adjunct Professor at New York University School of Law, teaching courses on creditors’ rights, debtors’ protection and bankruptcy. He also served for two years as Lecturer at Herbert Lehman College of the City University of New York, teaching business law.

Highlights

Michael L. Cook

Of Counsel

Contact

+1 212.756.2150

bWljaGFlbC5jb29rQHNyei5jb20=

919 Third Avenue

New York, NY 10022

Download Vcard

Served as a partner in the New York office for 16 years, devoting his practice to business reorganization and creditors’ rights litigation, including mediation and arbitration. 

Michaels' clients include professional firms, lenders, acquirers, trustees, creditors’ committees, troubled companies and other parties. Michael’s representative engagements include the following:

  • Counsel to founding law firm partner on successful appeal after trial in dissolution action, preserving his capital account and profìt share in Arkin Kaplan Rice LLP v. Kaplan, 199 App. Div. 3d 480 (1st Dept. 2021);
  • Counsel to prevailing group of lenders in Eddystone Rail Co. v. Bank of America. N.A., 2021 WL 4443391 (S.D.N.Y. Sept. 28, 2021) (dismissed fraudulent transfer suit);
  • Counsel to prevailing lender in Nitel, Inc. v. Cerberus Bus, Finance, LLC,2021 WL 5770933 (S.D.N.Y .2021) (withdrawal of state law conversion action from bankruptcy court);
  • Counsel to five law professors (Illinois, Columbia, Pennsylvania and Tennessee) as amici curiae supporting prevailing party in City of Chicago v. Fulton, 141 S.Ct. 585 (Jan. 14, 2021);
  • Counsel to prevailing secured lender and reorganized debtor in In re Patriot National, Inc.,2020 WL 5821754(D. Del. Sept. 30, 2020) (affirmed bankruptcy court’s confirmation of reorganization plan on jurisdictional and good faith grounds);
  • Counsel to prevailing law firm in In re Renaissance Radio, Inc.,805 Fed. Appx. 319 (5th Cir. May 18, 2020),  denied, _U.S._ (Dec. 7, 2020) (affirmed denial of former shareholder's motion to revoke reorganization plan confirmation order and to reopen closed case for purpose of disallowing lender's legal fees; also affirmed enjoining of shareholder's further filings as “vexatious litigant.”);
  • Counsel to prevailing law firm defendants in Kaplan v. Ladenburg Thalmann & Co., Inc., 2019 N.Y. App. Div. Lexis 2157 (1st Dept. March 21, 2019) (affirmed dismissal of lease breach, fraudulent transfer, conversion and breach of fiduciary duty claims);
  • Counsel to prevailing defendant in Enron Creditors Recovery Corp. v. Alfa SAB, 651 F.3d 329 (2d Cir. 2011) (reversed bankruptcy court; fraudulent transfer and preference complaint dismissed)
  • Counsel to prevailing law firm in In re Quigley Co., 500 B.R. 344 (Bankr. S.D.N.Y. 2013) (fee application granted over U.S. Trustee objection);
  • Counsel for prevailing debtor in In re Quigley Co., 676 F.3d 45 (2d Cir. 2012) (affirmed propriety of injunction staying litigation against insurance assets);
  • Counsel for prevailing law firm in In re United Merchs. & Mfrs., Inc.,198 F.3d 235 (2d Cir. 1999) (affirmed denial of sanctions and of creditor’s application for fees and costs);
  • Counsel for prevailing debtor in Dalkon Shield Claimants v. A.H. Robins Co., 828 F.2d 239 (4th Cir. 1987) (affirmed denial of motion for reorganization trustee)
  • Counsel for prevailing debtor in Grady v. A.H. Robins Co., 839 F.2d 198 (4th Cir. 1988) (affirmed judgment that creditor’s claim subject to automatic stay);
  • Counsel for prevailing acquiror in In re Chicago, Milwaukee, St. Paul and Pacific R. Co., 756 F.2d 508 (7th Cir. 1985) (affirmed judgment that acquiror could bid for assets months after bidding deadline)
  • Counsel for prevailing defendants in fraudulent transfer suit, Scherling v. Ehrenkranz, 121 B.R. 961 (S.D.N.Y. 1991) (affirmed judgment dismissing complaint after trial);
  • Counsel to prevailing creditor in Andy Warhol Foundation v. Hayes, 183 F.3d 162 (2d. Cir. 1999) (reversed lower court; held creditor’s claim for debtor’s breach of fiduciary duty survived debtor’s bankruptcy discharge);
  • Counsel to prevailing law firm in In re Ames Dept. Stores. Inc., 76 F.3d 66 (2d Cir. 1996) (fee application granted, reversing district court);
  • Counsel to prevailing lenders in Flushing Savings Bank v. Parr, 81 A.D.2d 655 (2d Dept. 1981) (reversed lower court and granted summary judgment, finding fraudulent transfer by borrower with actual intent to hinder and delay);
  • Counsel to prevailing debtor in Fidelity Mortg. Investors v. Camelia Builders, 550 F.2d 47 (2d Cir. 1976) (affirmed contempt judgment and awarded attorneys' fees for prosecuting contempt proceeding and other related costs);
  • Counsel to prevailing creditor in Columbia Pictures Inds., Inc. v. D.H. Overmeyer Telecasting Co., Inc., 470 F.Supp. 1250 (S.D.N.Y. 1979) (reversed bankruptcy court’s denial of attorney-client privilege; struck compelled responses from record). 

Michael received the 2022 Lexology Client Choice Award for restructuring and insolvency with over 2,000 nominations from clients, with no involvement from law firms during the process. According to one nominating client, Michael “knows everything there is to know and is an invaluable asset to his clients.” Chambers USA listed Michael as a “leading individual” in bankruptcy/restructuring and interviewees praise him for his “tremendous experience and vision in bankruptcy matters.” He has also been recognized by Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys, The Best Lawyers in America, Expert Guide to the World’s Leading Banking, Finance and Transactional Law Lawyers, The K&A Restructuring Register, The Legal 500 US, New York Super Lawyers, PLC Cross-border Restructuring and Insolvency Handbook and Who’s Who in American Law. 

He is a past chair of the American College of Bankruptcy, which has established the “Michael L. Cook Extraordinary Grant” for legal services organizations that provide pro bono bankruptcy services for indigent consumer debtors; a past chair of Lawyers Alliance for New York; and a past chair of the New York Bankruptcy Assistance Project. He is also a fellow of the American and New York Bar Foundations and a former chair of the American Bar Association’s Creditors’ Rights Litigation Committee.

A frequent contributor to major publications, Michael serves as lead editor and contributing author of Bankruptcy Litigation Manual (rev. ed., Aspen Law & Business, 2023), is on the editorial boards of Pratt’s Journal of Bankruptcy Law and The Bankruptcy Strategist, was a contributing author to Collier Bankruptcy Guide (rev. ed., Matthew Bender, 2022) and Collier on Bankruptcy (15th rev. ed., 2003), and he co-authored Creditors’ Rights, Debtors’ Protection and Bankruptcy (3rd ed., Matthew Bender, 1997) (with NYU School of Law Professor Lawrence P. King).

Michael served for 26 years as an Adjunct Professor at New York University School of Law, teaching courses on creditors’ rights, debtors’ protection and bankruptcy. He also served for two years as Lecturer at Herbert Lehman College of the City University of New York, teaching business law.

Contact

+1 212.756.2150

bWljaGFlbC5jb29rQHNyei5jb20=

919 Third Avenue

New York, NY 10022

Download Vcard

Practices

Bar Admissions

  • New York

Court Admissions

  • US Court of Appeals, Third Circuit, 2001
  • US District Court, Northern District of New York, 1996
  • US Court of Appeals, Fourth Circuit, 1986
  • US Court of Appeals, Seventh Circuit, 1984
  • US Supreme Court, 1973
  • US Court of Appeals, Second Circuit, 1972
  • US District Court, Southern District of New York, 1970
  • US District Court, Eastern District of New York, 1970

Education

  • New York University School of Law, JD
  • Columbia College, AB

Highlights

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New York

919 Third Avenue

New York, NY 10022

P+1 212.756.2000

F+1 212.593.5955

Washington, DC

555 13th Street, NW, Suite 6W

Washington, DC 20004

P+1 202.729.7470

F+1 202.730.4520

London

One Eagle Place

London SW1Y 6AF

P+44 (0) 20 7081 8000

F+44 (0) 20 7081 8010

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