Michael helps clients effectively resolve disputes and continue to build their businesses. He routinely assists clients in the areas of bankruptcy, collection and creditors’ rights law, and complex commercial litigation involving business, environmental, construction, and real estate disputes and condemnation proceedings in state and federal courts in Indiana and Illinois. Michael also uses his litigation experience to give his clients special perspective and advice on legal strategies regarding complex commercial transactions involving acquisitions, distributorships, commercial leases, and protection of confidential information.
Franciscan University of Steubenville, Steubenville, Ohio, B.A.
Notre Dame Law School, Notre Dame, Ind., J.D.
Municipalities and Government
Construction: Achieves cost and performance objectives in commercial, industrial, higher education, and healthcare projects by negotiating effective contracts to efficiently address delegation of responsibilities, indemnification, obligations, and dispute resolution methods.
Collections and Creditors’ Rights: Successfully collected millions of dollars in unpaid invoices for healthcare providers, automobile dealers, commercial and residential landlords, construction companies and other small business clients. Achieved successful settlements of preference claims brought by trustees and debtors-in-possession in federal bankruptcy courts in Indiana, Illinois, Kentucky, and Michigan, helping our clients keep more of the money paid to them by customers. Assisted secured lenders in replevin and foreclosure litigation involving vehicles, inventory, equipment, real estate and other assets.
Forfeitures: Represents local prosecutors in achieving successful forfeiture of money, vehicles and other assets seized from criminal defendants for drug-related offenses.
Environmental Cost Recovery: Provided creative defense and settlement solutions to allow clients to minimize exposure to costly damages in CERCLA and ELA actions.
Environmental Litigation: Assisted clients in recovering funding to accomplish environmental remediation through litigation against historic sources of contamination of residential and commercial real estate.
Church of the Brethren v. Roann Church of the Brethren, Inc., 20 N.E.3d 906 (Ind. Ct. App. 2014). Whether a denomination was entitled to property of a congregation that broke away.
Presbytery of Ohio Valley, Inc. v. OPC, Inc., 940 N.E.2d 1188 (Ind. Ct. App. 2010). Whether a congregation had any right, title, or interest in church property on which it was situated. Vacated by 950 N.E.2nd 1210, (May 26, 2011) on transfer
Canteen Service Co. of Indianapolis v. Ind. Dept. of Trans., 932 N.E.2d 749 (Ind. Ct. App. 2010). Property owner’s inverse condemnation action against INDOT.
In re Willett, 544 F.3d 787 (7th Cir. 2008). When debtors moved to avoid judgment creditor’s lien, their interest in the property should have been valued at the fair market value of their fee simple interest at the time it was recorded, and should not have been based upon the interest debtors held when they filed their petition.
Publications and Presentations
“Get the Dirt on Soil, Air and Water: Recent Developments in Environmental Law,” Kahn, Dees, Donovan & Kahn Seminar, Presenter (May 2016)
Selected, Rising Star, Indiana Super Lawyers® Magazine, 2011 and 2012
Rated, BV® Distinguished™, Martindale-Hubbell®
State of Indiana
U.S. District Court, Southern District of Indiana
U.S. District Court, Northern District of Indiana
Evansville Bar Association: Board of Directors (2009-2011), CLE Committee (2001-present), Commercial Law Section (2001-present, current chair, past co-chair), Real Estate Section (2001-present, past chair)
Indiana State Bar Association: Bankruptcy and Creditors’ Rights Section
National Association of College and University Attorneys
Brooks American Inn of Court
Illinois Oil and Gas Association
Indiana Licensed Real Estate Instructor
St. Vincent Center for Children and Families: Board of Trustees, Chair
Youth Resources Teen Court: Volunteer Attorney, Judge