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Lee Schnabel

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“While I have significant experience as a bankruptcy lawyer, I have over 30 years of experience in the industry in general. I’ve done every type of bankruptcy case, including very complex cases, and that level of first-hand experience combined with my industry knowledge is appreciated by the clients I work with. I’m also willing to get in the weeds to find the best possible approach and solution. I’m always surprised when clients tell me that’s a rarity.”

Overview

Michael Rubenstein is a bankruptcy practitioner with a diverse commercial practice. He handles bankruptcies, restructurings, and reorganizations, as well as complex business litigation and criminal law.

With a reputation for efficiency and effectiveness, his bankruptcy practice is largely devoted to the representation of creditors, often in the energy sector, in complex reorganizations throughout the U.S.

Michael also routinely handles the defense of preference litigation in some of the largest bankruptcy cases in the U.S. and is certified in the area of business bankruptcy law by the American Board of Certification.  “Liskow’s depth of bankruptcy and courtroom experience is truly an asset for every client that hires us in these areas,” Michael notes.

Major financial institutions throughout Texas and Louisiana regularly seek Michael’s guidance.  In addition, he has extensive experience in general business litigation and government enforcement proceedings, and has managed complex, large and difficult electronic discovery projects in both criminal and civil cases. 

Michael served as a member of the firm’s Board of Directors. He has also served on the firm’s compensation, technology, library, medical, and office administration committees. He was a law clerk to the Honorable Edith Brown Clement, Judge, United States District Court, Eastern District of Louisiana from1993–1995.

Talks about

#bankruptcy #restructuring #reorganizations #businesslitigation #creditors

Highlights

Client Comment

“Liskow & Lewis attorney, Michael Rubenstein, has done great work for us on complex bankruptcy matters.” – Best Lawyers Client Comment, Litigation – Bankruptcy, 2020

Experience

In re Stone Clinical Laboratories, LLC (E.D. La. ) – The debtor was a provider of clinical laboratory services. Michael was chosen as counsel for the creditors’ committee and led the successful sale of the virtually all of the assets of the estate.

Pro Bono Podcast

By order of the Louisiana Supreme Court, Michael represented an inmate on death row at the Louisiana State Penitentiary. This resulted in a compromise, whereby the client was allowed to plead guilty to a lesser charge and receive a life sentence. Recently, Michael discussed the case and the importance of pro bono when it literally means “life or death” with Judge Elizabeth Strong on the American Bar Association’s Pro Bono podcast series. You can listen to the podcast by clicking here.

Notable Experience

Clients know Michael as a lawyer who is highly responsive and focused on getting what they need done. “My job is to practically and efficiently achieve their goals within the law, a valuable approach when uncertain economic conditions demand even more pragmatic business solutions.” Here are recent examples of Michael’s work that illustrate this:

  • In re Stone Clinical Laboratories, LLC (E.D. La.) – Lead counsel for the official committee of unsecured creditors.
  • In re Iron Horse Tools, LLC (S.D. Tex.) – Lead counsel for senior secured creditor in restructuring of oilfield service concern.
  • In re All American Oil and Gas Incorporated, et al. (Bankr. W.D. Tex.) – Lead counsel for Shell Trading Risk Management, LLC and Shell Trading (US) Company in Chapter 11 of derivative counterparty.
  • Citibank, N.A. v. Cardinal River Energy Company (S.D.N.Y.) – Co- lead counsel for defendants.
  • In re Bennu Titan LLC (Bankr. D. Del. & Bankr. S.D. Tex) – Lead counsel for record title owner of leases whom Debtor and regulators attempted to shift responsibility for offshore platform.
  • In re Cubic Energy, Inc. (Bankr. D. Del.)  — Lead counsel for a senior secured lender and plan proponent.
  • In re PostRock Energy Corporation (Bankr. D. Okla.) – Lead counsel for a national bank holding the single largest portion of secured debt.
  • In re Greenfield Energy Services, Inc. (Bankr. D. Del.) – Lead counsel for SWEPI L.P., obtaining a complete release for a senior secured creditor involving a hydraulic fracturing operation.
  • In re ATP Oil & Gas Corporation (Bankr. S.D. Tex.) – Lead counsel for both trade creditors and energy companies potentially responsible for substantial collective decommissioning obligations due to the Debtor’s default.
  • In re Superior Offshore International (Bankr. S.D. Tex.) — Lead counsel for the Official Committee of Unsecured Creditors, obtaining full payment with interest.

Involvement

Professional

  • Tulane University, Board of Administrators, Member, July 2022 – Present
  • The Foundation for Natural Resources and Energy Law, Member
  • Death Penalty Representation Project, American Bar Association – Steering Committee Member, 2013 – 2020; Chair, 2016 – 2020
  • Board of Directors, The Promise of Justice Initiative, 2014 – 2020
  • Board of Advisory Editors, Tulane Law Review, 2003 – Present
  • Law Dean’s Advisory Council, Tulane Law School, 2014 – Present
  • Governing Council of the Antitrust and Business Litigation Section of the State Bar of Texas - Secretary-Treasurer, 2008 – 2009; Chair-Elect, 2009 – 2010; Chair, 2010 – 2011
  • Federal Bar Association, National Government Relations Committee, 2010 to 2014, New Orleans Chapter Board of Directors, 2002 – 2005
  • Criminal Justice Act Panel, United States District Court for the Eastern District of Louisiana, 1998 – 2007
  • Adjunct Faculty Criminal Procedure, Loyola University, New Orleans, School of Law, 2005
  • Louisiana Supreme Court, Committee on Bar Admissions - Assistant Bar Examiner, Criminal Law, Procedure and Evidence, 2003 – 2009
  • American Bar Association – Section of Business Law
    • Business Bankruptcy Committee
      • Vice-Chair, Partnerships and Limited Liability Entities in Bankruptcy Committee, 2012 – 2014
      • Chair, Legislation Subcommittee, 2015 – 2017
      • Bankruptcy IP & Technology, Vice Chair 2017 – 2020; Chair 2020 – Present
    • Business and Corporate Litigation Committee
      • Chair, Subcommittee on Bankruptcy Litigation, 2007 – 2011
      • Vice-Chair Subcommittee on Ethics, Professionalism & Civility, 2011 – Present

Community

  • Houston Livestock Show and Rodeo, World's Championship Bar-B-Que Committee – Committeeman, 2006 – Present; Assistant Captain 2012 – 2014; Captain 2014 – 2016; Vice Chair, 2016 – 2020
  • Tulane Alumni Association – President, 2015 – 2016, Member, Board of Directors, 2011 – 2017, 2022
  • Board of Trustees, Congregation Beth Israel, 2011 – 2018
  • Board of Trustees, The Selwyn School (Denton, Texas) – 2012 – Present
  • Teach for America Greater New Orleans Region – Community Advisory Board Chair 2001 – 2003; Member, 1998 – 2005
  • New Orleans Speech and Hearing Center – President, 2001 – 2003; Board of Directors, 1997 – 2005
  • Anti-Defamation League – South Central Region Board, 2002 – 2005; Southwest Region Board, 2008 – 2014; Chair's Council, 2012 – 2014
  • Congregation Temple Sinai – Treasurer, 2005; Board of Trustees, 1998–2005; Brotherhood President, 2003 – 2005
  • Leadership Louisiana, Council for a Better Louisiana, 2003
  • Young Leadership Council – Board of Directors, 1997 – 2000; Secretary and Counsel, 1997 – 1998
  • Metropolitan Leadership Forum – 1998

Recognition

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Credentials

Education

  • Tulane University (B.S.M., cum laude, 1990)
    • Beta Gamma Sigma
  • Tulane University Law School (J.D., summa cum laude, 1993)
    • Order of the Coif
    • Tulane Law Review, Managing Editor and Member, 1991–1993

Bar Admissions

  • Louisiana, 1994
  • Texas, 2004

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Eastern District, Louisiana
  • U.S. District Court, Middle District, Louisiana
  • U.S. District Court, Western District, Louisiana
  • U.S. District Court, Eastern District, Texas
  • U.S. District Court, Northern District, Texas
  • U.S. District Court, Southern District, Texas
  • U.S. District Court, Western District, Texas

Clerkships

  • Law Clerk to the Honorable Edith Brown Clement, Judge, United States District Court, Eastern District of Louisiana, 1993–1995

Presentations

  • “Remedies and Limitations in Bankruptcy,” 32nd Annual Advanced Real Estate Drafting Course, Texas Bar CLE, Houston, Texas, March 18, 2021
  • “Bankruptcy Topics for the Real Estate Lawyer; Free, Clear, and Beyond," 55th Annual William W. Gibson, Jr. Mortgage Lender and Serving Institute, University of Texas CLE, Austin, Texas, September 17, 2021
  • "Through the Looking Glass: An Introduction to Curiouser and Curiouser Bankruptcy Law and Procedure,” Tulane Business Forum, A.B. Freeman School of Business, Tulane University, New Orleans, LA  Sept. 17, 2020 (with Hon. Meredith Grabill)
  • "Motivate, Facilitate, Celebrate: Pro Bono Models that Work for American and Canadian Business Lawyers," American Bar Association Business Law Section, Spring Meeting, Vancouver, British Columbia, March 28, 2019
  • “IP Financing 360: Legal and Market Dynamics,” American Bar Association Business Law Section, Annual Meeting, Austin, TX, Sept. 13, 2018
  • “An Ethics Discussion: Sharing the Attorney-Client Privilege - Too Much of a Good Thing,”  American Bar Association Business Law Section, Annual Meeting, Austin, TX, Sept. 14, 2018 (webinar reprise April 23, 2020)
  • “Drilling Down: The Oil & Gas Industry and Bankruptcy Collide,” American Bar Association Business Law Section, Spring Meeting, New Orleans, Louisiana, April 7, 2017.
  • "Bankruptcy for Breakfast," American Bar Association, Section of Business Law, Fall Meeting, Washington, D.C., 2007-2010, 2012-2018.
  • “Unique Issues in Oil & Gas Bankruptcies,” Southern District of Texas Bankruptcy Bench Bar Conference, Corpus Christi, TX, April 21, 2016.
  • "Ethics: Attorney Liability and Responsibility to Non-Clients,” Institute for Energy Law, 4th Midstream Oil & Gas Law Conference, Houston, Texas, December 3, 2015.
  • "Tips for Avoiding a Dry Hole in an Oil and Gas Bankruptcy: An ATP Case Study,” The Interplay of Bankruptcy and Oil & Gas Law, New Orleans Bar Association, October 15, 2015
  •  “Yes, No, and Maybe – What You Can, Can’t, and Might be Able to do in Bankruptcy Asset Sales, 34th Annual Advanced Real Estate Law Course, State Bar of Texas, San Antonio, Texas, July 13, 2012
  • “Bankruptcy Sales: Free and Clear?,” 27th Annual Real Estate Law Conference, South Texas College of Law, June 8, 2012
  • “Recent Developments: Prosecutorial Misconduct,” 4th Annual White Collar Crime Symposium, New Orleans, 2012
  • "Bankruptcy Basics for Corporate Counsel," Association of Corporate Counsel, Houston Chapter, May 2011

Publications

After Hours

"I'm an avid scuba diver and underwater photographer."

Pro Bono

By order of the Louisiana Supreme Court, Michael represented an inmate on death row at the Louisiana State Penitentiary. This resulted in a compromise, whereby the client was allowed to plead guilty to a lesser charge and receive a life sentence. Recently, Michael discussed the case and the importance of pro bono when it literally means “life or death” with Judge Elizabeth Strong on the American Bar Association’s Pro Bono podcast series. You can listen to the podcast by clicking here.

In recognition of this work, Michael received the Camille Gravel Pro Bono Award from the New Orleans Chapter of the Federal Bar Association, and the firm received the Beacon of Justice Award from the National Legal Aid & Defender Association.

Michael also served as Chair of the Steering Committee for the American Bar Association’s Death Penalty Representation Project.

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