Michael Lubic is a partner resident in the firm's Los Angeles office. He has a broad insolvency practice encompassing litigation, transactions, and counseling in connection with troubled businesses, distressed assets, and complicated commercial frauds. His areas of industry focus include real estate, healthcare, hospitality, automotive, franchise and distribution, retail, insurance, energy, and aviation services.
Mr. Lubic's practice in the areas of insolvency, bankruptcy, creditors' rights and remedies, and transactions involving troubled companies is divided between "in court" work and "out of court" work. The "in court" practice involves representing parties-including debtors, secured and unsecured creditors, creditors' committees, acquirers, and trustees-in connection with bankruptcy cases, as well as representing creditors and debtors in connection with state and federal court proceedings involving creditors' rights and remedies. His work in bankruptcy cases generally involves Chapter 11 business reorganizations, although he is also experienced in Chapter 7 liquidations, Chapter 9 municipal bankruptcy, and Chapter 13 adjustment of debts. Bankruptcy work includes litigation involving cash collateral, adequate protection, relief from the automatic stay, preferences, fraudulent transfers, dischargeability of indebtedness, and disclosure statement and plan confirmation issues. Other federal and state court work generally involves representing creditors, including victims of fraud and white collar crime, in collecting money or recovering assets. This work also includes issues related to prejudgment remedies, enforcement of judgments, and receiverships.
Mr. Lubic's "out of court" work includes counseling debtors and creditors in "work out" situations; mergers and acquisitions involving troubled companies or distressed assets, including the change of ownership of operating businesses through general assignments for the benefit of creditors; counseling businesses in difficult and crisis situations; business planning and structuring transactions to minimize future insolvency-related risks (particularly technology transactions, energy transactions, and supply chain transactions involving vendors of critical component parts); representing both borrowers and lenders in connection with structured finance transactions and bankruptcy remote entities; and counseling boards of directors and companies in connection with the orderly winding up of businesses, including through general assignments for the benefit of creditors.
Prior to joining K&L Gates, Mr. Lubic led the West Coast bankruptcy, insolvency and creditors' rights practice of a national law firm as a partner in its Los Angeles office. He is a skilled mediator and mediates complicated business disputes. He has been appointed to the mediation panel of the United States Bankruptcy Court for the Central District of California since 1998. As a panel mediator, he frequently conducts mediations on a pro bono basis. Mr. Lubic has been selected for inclusion in the Southern California Super Lawyers by Los Angeles Magazine every year since 2004.
Mr. Lubic engages in a wide variety of pro bono work and community activities. He served on the board of the Alzheimer's Association. He has represented Grameen Foundation USA (an internationally known organization promoting micro-lending to reduce poverty), the National Center for Science Education, various dog rescue and dog park groups, and CASA (court appointed special advocates for children) volunteers in children's court. He also periodically lectures on law, business and economics at an inner-city high school.