Michael R. Enright

Partner

  • Overview

    Biography

    Michael Enright is a business lawyer with a diverse practice, which includes representing debtors, committees, creditors, and other interested parties in the business bankruptcy and workout process; advising commercial enterprises regarding their business contracts, transactions, and governance; and assisting tax-exempt organizations regarding general counseling needs, exempt status, transactions, and governance.

    In the insolvency area, his work also includes preference, fraudulent transfer, and other bankruptcy litigation analysis and defense.

    Mr. Enright has represented tax-exempt organizations in distressed circumstances and has represented interested parties in the bankruptcy proceedings of nonprofit entities, including lenders and potential buyers.

    Mr. Enright participates as a member of the American Bar Association's (ABA) Business Bankruptcy Committee, speaking annually on current developments in bankruptcy for the Task Force on Current Developments, and is active on other ABA subcommittees. He is a contributing author to the following publications:

    • Collier Practice Guide (Matthew Bender), Chapter 123, "Post-Closing Matters"
    • Business Workouts Manual (West), Chapter 6, "Overview of the Bankruptcy Code," and Chapter 25, "Claims Trading"
    • Controller's Business Advisor (Warren, Gorham & Lamont), Chapter E-3, "Bankruptcy and Reorganization"
    • Bankruptcy Exemption Manual (West), Connecticut portion
  • Experience
    • Experience

      Experience

      • Represented Fortune 500 company as major investor in and lender to professional sports league. Implemented DIP financing to facilitate orderly liquidation. Negotiated consensual plan that preserved tax benefits for estate and maximized likely return to creditors, dependent upon outcome of antitrust litigation.
      • Represented purchaser of distressed food business in out-of-court asset purchase. Negotiated, structured, and documented combination of debt acquisition and real/personal property foreclosures utilizing Article 9 remedies and deed-in-lieu transaction. Successfully negotiated with creditors regarding successor liability issues.
      • Retained by one of the world's largest manufacturers to represent one of its business units in all bankruptcy and commercial collection litigation matters throughout the U.S., including over 100 bankruptcy cases, some of which are among the largest and most complex cases pending in the country. Provided advice on collateralizing debt obligations and on enforcing alternative creditor remedies, including advice on reclamation and mechanic's liens.
      • Represented Connecticut chapter of national ethnic affinity nonprofit group in workout of its creditor issues and negotiated rescue transaction including infusion of resources by parent organization to stabilize and rehabilitate local chapter.
      • Represented nonprofit hospital consortium in potential acquisition of the assets of another nonprofit hospital out of Chapter 11 proceedings pursuant to Section 363 of the Bankruptcy Code.
      • Represented lenders to various nonprofit healthcare organizations in and out of receivership proceedings and bankruptcy proceedings.
      • Represented landlords of chain of nonprofit nursing homes in receivership proceedings.
      • Counseled tax exempt organizations regarding compliance with various provisions of the Connecticut Nonstock Corporations Act.
      • Advised tax exempt foundation regarding preference and fraudulent transfer claims made against it in connection with bankruptcy proceedings of donors.
      • Represented church in workout negotiations with the holders of notes issued in connection with financing of construction of new church and possible Chapter 11 proceedings.
      • Represented trustee of foundation in connection with potential investment of trust funds into a fund managed by a wholly-owned tax exempt subsidiary of the foundation.
      • General counsel to manufacturing businesses, including advice regarding corporate governance, contracts with vendors and customers, distribution and sales representative agreements, and related matters.
      • Represented secured creditor in Chapter 11 case regarding leveraged buyout (LBO) debt resulting from acquisition of similar mail-order businesses. Engagement included litigation over amount of debt resulting from net worth guaranties issued by operating companies, with the debtors asserting that proper interpretation of the guaranties resulted in debt reducing to zero. Settled litigation and negotiated consensual plan providing for lender to immediately receive all of the value of its collateral.
      • Represented secured creditors in many single-asset real estate cases that involved all types of commercial properties. Initiated and pursued stay relief and confirmation litigation through stay relief and disposition, confirmation hearings on competing plans, negotiated resolution, or sale of debt to third party.
      • Retained by one of the largest U.S. banks as secured creditor in workout, followed by Chapter 11, concerning significant manufacturer. Implemented debtor-in-possession (DIP) financing and negotiated a consensual plan to be implemented by the debtor under certain conditions. When the debtor could not meet those conditions, terminated DIP financing and participated in consensual liquidation by trustee, first of machinery and equipment, then of real estate, with accounts collected by creditor.
      • Representation of the selling majority shareholder in a $20 million fraudulent transfer action brought by a bankruptcy trustee. The challenged transfer arose out of a leveraged buyout of our client's business, which ended up in a Chapter 7 liquidation case within two years after the transaction closed. Representation included extensive deal and valuation analysis, particularly with regard to likely expert testimony on the value of intellectual property and the reasonableness of cash flow projections at the time the transaction closed. One of the key defenses was the "settlement payment doctrine" under Section 546(e) of the bankruptcy code, which is novel and has split the circuits in interpreting its availability. After several years of litigation, Robinson & Cole settled the fraudulent transfer action on favorable terms for the client, relying on the settlement payment doctrine, other defenses, and valuation analyses.
      • Representation of an insurance carrier concerning longshoreman's insurance policy issued to a shipyard in a Chapter 11 proceeding commenced in the District of Connecticut. Following confirmation of debtor's Chapter 11 plan, represented carrier in asserting approximately $1.5 million administrative claim for unpaid and past due premiums. Additionally, undertook review and analysis of claims made under policy for purposes of fixing of carrier's prepetition general unsecured claim. Negotiated the ultimate settlement agreement covering all aspects of obligations owed to carrier, which resulted in substantial payments of all amounts due, as well as an extension of ongoing coverage for limited period postconfirmation.
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    • Professional Associations

      Professional Associations

      American Bar Association
      Business Law Section, Business Bankruptcy Committee, Task Force on Current Developments (1992 - present); Vice Chair (2014 - present)
      Section of Taxation, Exempt Organizations Committee

      Connecticut Bar Association
      Commercial Law and Bankruptcy Section, Executive Committee (1992 - present)

      Association of Commercial Finance Attorneys (1993 - present)

      American Bankruptcy Institute (1995 - present)

      New York State Bar Association (2004 - present)

      Chicago Bar Association (2007 - present)
    • Honors + Awards

      Honors + Awards

      Listed in Connecticut Super Lawyers® in the area of Bankruptcy & Creditor/Debtor Rights Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed in The Best Lawyers in America® in the areas of Bankruptcy and Creditor-Debtor Rights Law / Insolvency and Reorganization Law since 2006 and Litigation - Bankruptcy since 2012 (Copyright 2016 by Woodward/White, Inc., Aiken, SC)

      Listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Litigation - Bankruptcy for 2013 (Copyright 2012 by Woodward/White, Inc., Aiken, SC)

  • NEWS + PRESS
    • Publications

      Publications

      Connecticut Exemptions, published in Bankruptcy Exemption Manual
      • » more info

      Overview of the Bankruptcy Code and Claims Trading, published in Business Workouts Manual
      • » more info

      Post-Closing Matters, published in Collier Practice Guide
      • » more info

      Bankruptcy and Reorganization, published in Controller's Business Adviser
      • » more info

      "Q&A with Robinson & Cole's Michael Enright," published in Law360 (4/26/2013)

      "May a Bankruptcy Court Exercise Supplemental Jurisdiction Predicated on Its Referred 'Related To' Jurisdiction?" published in Norton Journal of Bankruptcy Law and Practice, co-authored with Patrick M. Birney (January 2010)

    • Presentations

      Presentations

      "Current Developments in Bankruptcy," served as a panelist at the American Bar Association's 2014 Spring Meeting of the Business Law Section in Los Angeles (4/11/2014)

      "Recent Developments Regarding Priorities in Bankruptcy," at Task Force on Current Developments, Business Bankruptcy Committee of the ABA Section of Business Law (annually)
      • » more info

      "The Tipping Point: Shifts in Negotiating Leverage Created by the Bankruptcy Reform Act," at Commercial Finance Association Annual Meeting, San Diego, California, co-presented with Stuart Ames, Patricia Redmond, and Robert Zadek (11/10/2005)
      • » more info

      "Minimizing Client Risk: Avoiding the Pitfalls of Multi-Borrower Loan Arrangements," at ABA Business Law Today Teleseminar, co-presented with Stuart Ames and Michael Maglio (2/9/2005)
      • » more info

      "Six Sexy Bankruptcy Issues (Another Dose of The Bankruptcy Relief Package for Corporate Generalists)," at Westchester/Southern Connecticut Chapter of The American Corporate Counsel Association seminar, co-presented with Stephen Gross (3/19/2002)

      "Bankruptcy Relief Package for Corporate Generalists," at Westchester/Southern Connecticut Chapter of The American Corporate Counsel Association seminar, co-presented with Stephen Gross (1/17/2002)

      "Who Wants to Avoid a Million-Dollar Mess?" at interactive sessions with various clients, tailored to their needs
      • » more info

    • News

      R+C in the News

      • June 6, 2016

        Robinson+Cole Sponsors George W. Crawford Black Bar Association's 2016 Annual Dinner

      • June 29, 2015

        Robinson+Cole Hosts Young Lenders Happy Hour

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      • May 7, 2014

        Mike Enright Presents at Annual Meeting of ABA's Business Law Section

        • » more info
      • May 11, 2010

        Robinson & Cole Attorney Speaks on Bankruptcy Panel During Business Law Program

        • » more info

      R+C News Releases

      • November 29, 2016

        Robinson+Cole Recognized for Work on “Deals of the Year”

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • September 14, 2012

        Ten Robinson & Cole Attorneys Selected as “Lawyers of the Year”

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • September 12, 2011

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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    • Newsletters

      Newsletters

      Bankruptcy Sale Order Won't Protect New GM from Ignition Switch Claims Due to Deficient Notice, co-authored with Patrick M. Birney and Steven J. Boyajian