Michael S. McElwee Partner
Practice: Commercial & Bankruptcy
Mike has a multi-state practice focused on debt restructuring and complex commercial litigation. Mike serves many businesses, but specializes in automotive, agriculture and telecommunications. Mike also regularly represents health care research facilities, ambulance agencies, and other health care clients. Mike represents the Roman Catholic Diocese of Grand Rapids. Mike served as a law clerk to the late Honorable David E. Nims, a United States Bankruptcy Judge. In the 1980s, Mike was an FBI agent working in foreign counter-intelligence.
Debt Restructuring and Insolvency Cases
- Currently represents a telecommunications company in a Chapter 11 reorganization proceeding.
- Represented the Bankruptcy Trustee in a $105 Million “Ponzi Scheme” case.
- Currently represents a nation-wide trucking company in litigation against the Liquidation Trustee, Gainey Transportation Services, Inc.
- Currently represents a fruit processing company in an out-of-court debt restructuring (Turnaround Managers Association restructuring engagement of the year for 2011).
- Currently represents Tier 1 automotive supplier to Ford Motor Company in access and accommodation negotiations with sub-suppliers.
- Represented the purchasers in two recent section 363 sales transactions: one in the Plastech, Inc. bankruptcy case and the one in Noble, Inc. bankruptcy case.
- Currently represents the Bankruptcy Trustee in fraudulent transfer (leveraged buyout) litigation in the Fuel Systems, Inc. bankruptcy case.
- Currently represents a telecommunications company in an appeal to the Michigan Supreme Court involving dedicated transmission facility payment obligations.
- Represented the prevailing party in a bankruptcy related appeal to the Third Circuit Court of Appeals (In re Hechinger Investment Company of Delaware, Inc. (Hechinger v. Universal Forest Products, Inc.), 489 F.3d 568 (3rd Cir. 2010).
- Currently represents an ambulance company in litigation against the Michigan Department of Community Health over licensing regulations and agency responsiveness.
Recognition & Rankings
- Listed in The Best Lawyers in America® since 2010
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Western District of Michigan
- United States Bankruptcy Court for the Western District of Michigan
- United States District Court for the Eastern District of Michigan
- United States Bankruptcy Court for the Eastern District of Michigan
- Michigan Supreme Court
- All Michigan Lower Courts
- Member of the Board of Opera Grand Rapids
- Recent director of the Turnaround Managers Association Chapter in Grand Rapids
Mike is a frequent commentator on local radio and television, National Public Radio, and other venues.
Wayne State University Law School
Thomas Aquinas College
Santa Paula, California
Grand Valley State University