Michael H. Torkin
Restructuring & Insolvency Partner and Head of U.S. Capital Solutions & Special Situations, New York
“I work collaboratively with management teams, boards, and investors to navigate corporate modernization transactions and complex, bet-the-company situations for businesses facing financial and operational headwinds. Clients and colleagues appreciate my creativity, drive to implement win-win solutions, and ability to convey strategic advice.“
Overview
Professional experience
Education and qualifications
Published works
Overview
Michael Torkin is a partner and Head of U.S. Capital Solutions & Special Situations in the Linklaters’ U.S. Restructuring & Insolvency Practice.
Michael’s multidisciplinary practice includes representing companies on corporate modernization, liability management, and recapitalization and restructuring transactions, in and out of court, domestically and internationally.
Michael also routinely represents sponsors, acquirers of distressed businesses, and hedge fund and private equity fund clients in connection with a broad array of special situation investments and recapitalization transactions.
During his career, Michael has been involved in numerous cross-border restructurings involving Canada, Chile, Argentina, Brazil, Mexico, the United Kingdom, Israel, Africa, The Netherlands and Australia.
Michael is ranked as a leading lawyer by Chambers USA, which describes him as “a very strong lawyer with a lot of credibility” and having “very good commercial instincts.”
He has also been ranked by Chambers Global and The Legal 500 United States and was recognized by The M&A Advisor as one of the top “40 under 40” M&A, financing and turnaround professionals in 2010, and by Turnarounds & Workouts as one of 12 “Outstanding Young Restructuring Lawyers” in 2009 and 2010.
Michael is a member of INSOL, the American Bankruptcy Institute and the Turnaround Management Association.
Work highlights
Michael’s practice spans the representation of multinational corporations, family offices, and private equity and hedge funds on special situations and capital solution transactions.
Selected experience includes advising:
Corporate Modernization Representations: Michael has been instrumental in developing the burgeoning market for corporates defeasance of legacy liabilities and has represented investors and numerous public companies on corporate modernization matters, including Ingersoll Rand, Crane Corporation, ITT Corporation and BorgWarner.
Issuer/Debtor Representations:
- Ripple Industries in connection with the recapitalization and sale of APG.
- Unigel in connection with its Brazilian EJ proceeding.
- Corp Group Banking in connection with its Chapter 11 proceeding.
- Pyxus International in connection with its prepackaged Chapter 11.
- Primavera Capital in the prepackaged Chapter 11 case of its portfolio company, WorldStrides.
- Arsenal Resources in connection with its 2020 prepackaged Chapter 11 estructuring and its 2019 comprehensive financial restructuring through an out-of-court transaction and pre-packaged Holdco Chapter 11 proceeding.
- Ascent Resources Marcellus in connection with the structuring of its prepackaged Chapter 11 and restructuring support agreement.
- Eastman Kodak Company in connection with its Chapter 11 reorganization, including the disposition of its intellectual property portfolio and the resolution of its legacy retiree obligations.
- Remy International in its prepackaged Chapter 11 reorganization.
- Smarte Carte in its prepackaged Chapter 11 reorganization.
Professional experience
Michael founded the Private Capital and Special Situations practice at his previous firm.
He is ranked as a leading lawyer by Chambers USA, which describes him as “a very strong lawyer with a lot of credibility” and having “very good commercial instincts.
He has also been ranked by Chambers Global and The Legal 500 United States and was recognized by The M&A Advisor as one of the top “40 under 40” M&A, financing and turnaround professionals in 2010, and by Turnarounds & Workouts as one of 12 “Outstanding Young Restructuring Lawyers” in 2009 and 2010.
He is recommended on the Leaders League Guide 2023-2024 for Restructuring & Insolvency.
Apart from the above, Michael has experience in advising:
- America Online Latin America in its Chapter 11 reorganization
- Oneida Ltd. in its prenegotiated Chapter 11 reorganization
- Pfizer in connection with Barrett Minerals chapter 11 proceeding
- Solana Foundation in connection with matter related to FTX
- Angelo Gordon on numerous matters including financings for Glatfelter and Tupperware, and the out-of-court debt for equity exchange and business transformation of Abraxas Petroleum Corporation
- Canyon Capital, Angelo Gordon, TPG, MSD and AllianceBernstein in connection with Rex Energy’s Chapter 11 proceeding and related sale to PennEnergy
- Madava Financial, LLC, as administrative agent, in connection with financing for Rosefield Pipeline Company
- PIMCO in connection with its investment in ARM Monument Holdings, LLC, and the simultaneous acquisition by ARM of Monument Pipeline, LP, a Houston-based natural gas pipeline, from affiliates of NextEra Energy Partners, LP
- PointState Capital, Serengeti Asset Management, Knighthead Capital Management and 683 Capital Partners in connection with the recapitalization of TGLT S.A.
- Ascribe Capital in connection with Geokinetics’ Chapter 11 proceeding and related sale to SAE Exploration
- TerraForm Power and TerraForm Global in connection with SunEdison’s financial distress and ultimate Chapter 11 proceeding
- CPPIB in connection with the restructuring and recapitalization of RGL Reservoir Management Inc.
- Sterling Organization in its acquisition of the Plaza Mexico center in Lynnwood, California in a 363 bankruptcy auction
- AT&T in connection with its acquisition of Nextel Mexico in a Section 363 share sale transaction
- Gildan Activewear in connection with its acquisition of the American Apparel brand through a Section 363 asset sale transaction
- Ascribe Capital, Goldman Sachs and Brookfield Asset Management in connection with Emeco Group’s deleveraging, recapitalization and merger transactions with Orionstone and Andy’s Earthmovers implemented through an Australian scheme of arrangement and U.S. Chapter 15 proceeding
- Platinum Equity and an ad hoc group of noteholders, including Silverpoint, Whitebox, Goldman Sachs SSG and Contrarian Capital in connection with Key Energy’s prepackaged Chapter 11
- Macquarie Bank Limited, Centerbridge Partners and Canada Pension Plan Investments Board in connection with their acquisition and subsequent sale of Pocahontas Parkway, a Virginia toll road
- Avenue Capital and DDJ Capital Management in connection with the 363 credit bid acquisition of Milacron Inc.
- RBS in connection with the restructuring of GulfMark Offshore, Inc.
- The Official Committee of Unsecured Creditors of Dendreon Corporation
Education and qualifications
Published works
- Filing for Chapter 11 Bankruptcy: What You Need to Know (2011)
- Approaching financial stress: Maximising Value (Financier Worldwide Magazine, Special Report Bankruptcy & Restructuring, October 2020)