Michael St. Patrick Baxter

Partner

mbaxter@cov.com
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Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
Tel: 202.662.5164


 

Practices

Industries

Education

  • Harvard Law School, LL.M.
  • University of Western Ontario, LL.B.

Judicial Clerkship

  • Hon. William G.C. Howland, Court of Appeals for Ontario, Canada

Bar Admissions

  • District of Columbia
  • Ontario, Canada


Michael St. Patrick Baxter advises clients on corporate restructuring and bankruptcy reorganization.  He has successfully counseled clients in structuring transactions involving financially troubled companies, and has represented clients in workouts and debt restructurings.  He is often consulted on issues involving agreements with distressed companies.

Mr. Baxter served as the bankruptcy examiner in the Trump casinos reorganization.  He was appointed the consumer privacy ombudsman in the Borders bankruptcy case to review the sale of certain intellectual property to Barnes & Noble.

In almost 30 years of practice, Mr. Baxter has represented virtually every significant constituency in a bankruptcy case, including debtors, creditors, committees, landlords, and employees.  As a result, he has the unique ability to anticipate the needs and sensitivities of opposing parties in a case.  This insight often facilitates the cost-effective resolution of difficult issues.

Mr. Baxter is nationally and internationally recognized for his bankruptcy expertise.  He is a Fellow of the American College of Bankruptcy, a Conferee of the National Bankruptcy Conference, a Founding Member of the International Insolvency Institute and a member of The American Law Institute.  Mr. Baxter was appointed by the Chief Justice of the United States to serve on the U.S. Judicial Conference Advisory Committee on Bankruptcy Rules, where he chairs the Subcommittee on Technology and Cross-Border Insolvency.  He is an adjunct professor at The George Washington University Law School.

Representative Matters

  • Ahern Rentals.  Counsel to the official committee of unsecured creditors.
  • Trump Entertainment Resorts.  Appointed the Chapter 11 bankruptcy examiner to investigate the role of Donald Trump in the Debtor’s plan of reorganization.
  • Borders.  Appointed the consumer privacy ombudsman to review the sale of certain intellectual property to Barnes & Noble.
  • Congoleum Corporation.  Successfully represented Congoleum as insurance counsel in its Chapter 11 reorganization to resolve its asbestos liabilities.
  • Chrysler and General Motors.  Successfully represented Union Pacific Railroad as a creditor in these bankruptcy cases.
  • Railpower Hybrid Technologies.  Successfully represented Union Pacific Railroad as the largest creditor in this Chapter 15 cross-border bankruptcy case.
  • Chemtura.  Successfully represented one of the largest shareholders and a member of the official equity committee.
  • Perkins & Marie Callender’s Inc.  Appointed post-bankruptcy claims administrator.
  • Bangor & Aroostook Railroad.  Successfully represented the purchaser in the bankruptcy sale of the Debtor's railroad assets.
  • World Egg Bank.  Appointed the consumer privacy ombudsman to review the bankruptcy sale of the Debtor's donor eggs and medical records.
  • Pathnet Telecommunications.  Successfully represented the Debtor in its Chapter 11 liquidation.

Honors and Rankings

  • American College of Bankruptcy, Fellow and Director
  • National Bankruptcy Conference, Conferee
  • The American Law Institute, Member
  • International Insolvency Institute, Founding Member
  • American Bar Foundation, Fellow 
  • The George Washington University Law School 2009 Distinguished Adjunct Faculty Teaching Award
  • The Best Lawyers in America
  • Chambers USA: America's Leading Business Lawyers
  • Legal 500 US
  • Washingtonian's "30 Stars of the Bar"
  • Washingtonian's "Top Lawyers"
  • Washington DC Super Lawyers
  • Who's Who in American Law
  • The International Who's Who of Insolvency & Restructuring Lawyers
  • Guide to the World's Leading Insolvency & Restructuring Lawyers

Memberships and Affiliations

  • Judicial Conference of the United States Advisory Committee on Bankruptcy Rules, Member (appointed by the Chief Justice of the United States); Chair, Subcommittee on Technology and Cross-Border Insolvency
  • The George Washington University Law School, Adjunct Professor of Law
  • American Bar Association Business Law Section Council, Member
  • American Bankruptcy Law Journal, Editorial Advisory Board
  • American Bankruptcy Institute Commission to Study the Reform of Chapter 11 Advisory Committee
  • American Bar Association Business Bankruptcy Committee, Immediate Past Chair

Publications and Speeches

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