Biography
Michael DeBaecke concentrates his practice on bankruptcy and related litigation matters, representing over the last 30+ years a variety of Chapter 11 debtors, Chapter 7 trustees, creditors’ committees, ad hoc groups of secured and unsecured creditors, landlords, asset purchasers (including substantially all of a debtor’s assets or discrete asset lots such as single or multiple leases), contract counterparties, administrative claimants, intellectual property licensees or licensors, and parties named in various bankruptcy litigation matters including:
- Chapter 5 avoidance actions
- breach of fiduciary duty actions
- breach of contract actions
- lien priority actions.
In addition to a busy bankruptcy practice, Mr. DeBaecke is a former law clerk in the Delaware Court of Chancery and maintains a targeted litigation practice focused primarily on Chancery corporate litigation, Superior Court commercial litigation, and District Court commercial litigation matters.
Chambers USA notes Mr. DeBaecke “works ‘diligently and persistently for his clients but knows when to compromise,’ according to sources.” Others say he “understands the big picture” and “gets things done that are in the best interests of the client.”
On the personal front, Mr. DeBaecke enjoyed coaching fifth and sixth grade basketball for many years at his alma mater; currently tries to help his daughters’ HS lacrosse and college swimming pursuits; and he is an avid tennis player, constantly learning on and off the courts.
CREDENTIALS
EDUCATION
- St. Joseph’s University, BA (1990)
- College of William & Mary, Marshall-Wythe School of Law, JD (1993)
BAR AND COURT ADMISSIONS
- Delaware (1993)
- Pennsylvania (1994)
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of Delaware
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the District of Nebraska
REPRESENTATIVE MATTERS
- Lead counsel to Chapter 11 debtor Midway Games, inventor of video game Mortal Kombat (computer gaming business) (DE)
- Lead counsel to Chapter 11 debtor Hampshire Brands (clothing brands) (DE)
- Co-counsel to Chapter 11 debtor American Western Refining, LP (oil industry) (DE)
- Lead counsel to Chapter 11 debtor CF Capital Assets LLC (convenience food store industry) (DE)
- Lead counsel to Chapter 11 debtors Mallard Cablevision and Suntel Communications (cable television industry) (DE)
- Co-counsel to Chapter 11 debtor BCP Management, Inc., general partner of chemical manufacturer (DE)
- Lead counsel for major factor and dozens of its factoring clients sued in significant preference litigation filed by Chapter 7 trustee for Factory 2-U (clothing and home products industries) (DE)
- Delaware counsel for major noteholder groups in Chapter 11 case of Washington Mutual, Inc. (bank holding company) (DE)
- Delaware counsel for indenture trustee in Chapter 7 case of Downey Financial Corp. (bank holding company) (DE)
- Lead counsel for asset purchaser in Chapter 11 case of Comprehensive Clinical Development (drug testing company) (Fort Lauderdale)
- Lead counsel for major pharmaceutical company in efforts to retrieve its property in Chapter 7 case of PRACS, Inc. (San Antonio)
- Lead counsel for credit card processor in connection with assumption and assignment of contracts in Chapter 11 case of Tully’s Inc. (Seattle)
- Lead counsel for significant truck manufacturer and lessor (multiple bankruptcy cases) (sale, executory contract, and truck retrieval issues) (DE)
- Lead counsel for significant landlord in Chapter 7 case of Akorn Holding Company (DE)
- Lead counsel for plaintiff logistics company in significant breach of contract action (DE District Court)
- Lead counsel for court-appointed Receiver (fulfillment business) (Chancery Court)
- Lead counsel in defense of books and records action (Chancery Court)
- Delaware counsel for defendant sellers in post-sale disputes (Chancery Court)
- Delaware counsel for plaintiff in significant breach of fiduciary duty and tortious interference with contract action (Chancery Court)
- Delaware counsel for bank group member in loan agreement disputes (Chancery Court)
- Lead counsel for defendants in significant breach of contract and tortious interference action (Superior Court – CCLD division)
- Lead counsel for plaintiff buyers in post-sale disputes (Superior Court)
AFFILIATIONS
- Served on the Delaware Local Bankruptcy Rules Committee
- Bankruptcy and Corporate sections, Delaware State Bar
- Past chair of New Lawyers division, Bankruptcy section of DE State Bar
- American Bankruptcy Institute
- Panelist, multiple CLE programs in the bankruptcy field