Michael E. Hastings

Michael E. Hastings

PARTNER
mhastings@wtplaw.com
ROANOKE
T: 540.759.3579
Mobile 540.798.8133
F: 540.759.3569

RICHMOND
T: 804.799.7859
F: 804.977.3295



Mr. Hastings has more than twenty five years of experience representing clients in bankruptcy cases, insolvency and default situations and in commercial litigation. He has significant experience representing distressed companies and secured and unsecured lenders in out-of-court workouts, bankruptcy cases, and state and federal court litigation. He has extensive experience in the sale and purchase of businesses and/or assets in bankruptcy and pursuant to Article 9 of the Uniform Commercial Code.

Mr. Hastings also has experience representing debtors, lenders and creditors’ committees in complex Chapter 11 bankruptcy cases involving sophisticated issues such as contested plan confirmation hearings, debtor in possession financing, contested asset purchase/sale litigation, lien validity and priority litigation, jurisdictional and venue disputes, complex avoidance action litigation, and litigation concerning fiduciary duties.

Mr. Hastings has been involved in bankruptcy cases involving manufacturing, energy, health care, financial services, technology and distribution and logistics companies primarily in Virginia, New York and Delaware; however, he has represented clients in bankruptcy cases nationwide.

Recognitions

  • AV Peer Review Rated: Martindale-Hubbell
  • Recognized in Chambers USA: America's Leading Lawyers for Business, Bankruptcy/Restructuring, Band 1, published by Chambers and Partners, 2015 - present
  • Recognized by IFLR1000 United States as highly regarded in Restructuring and Insolvency, 2019
  • Listed in Virginia Super Lawyers, Bankruptcy and Creditor/Debtor Rights, 2007 - present
    • Named among "Top 50 Virginia Lawyers," 2010 & 2011
    • Named among "Top 100 Virginia Lawyers," 2012, 2014, 2015, 2016, 2017 & 2018
  • Listed in Best Lawyers in America, 2010 - present
    • Named Best Lawyers' 2019 Roanoke "Lawyer of the Year," Litigation - Bankruptcy
    • Named Best Lawyers' 2014 Roanoke "Lawyer of the Year," Bankruptcy and Creditor/Debtor Rights
    • Named Best Lawyers' 2010 Roanoke "Lawyer of the Year," Bankruptcy and Creditor/Debtor Rights
  • Listed in Virginia Business' "Legal Elite - Virginia's Best Lawyers," 2007 to the present
 

Memberships & Activities

  • Former Chair: Virginia Bar Association, Bankruptcy Law Section
  • Best Lawyers Designation
  • Chambers and Partners Designation

Chapter 11 Reorganizations and Liquidations

  • Mr. Hastings has been lead debtor’s counsel in a number of Chapter 11 reorganizations, including the successful reorganization of The Glebe, Inc., a continuing care retirement community in Virginia and Yates’ Mobile Home Sales, a manufactured home distributor in Virginia. In addition, Mr. Hastings has been lead debtor’s counsel in dozens of liquidations in Chapter 11, including companies in the following industries: manufacturing (apparel and furniture), high technology (telecommunications), service (plumbing, food), medical (hospital), financial (hedge fund) and real estate development. Mr. Hastings represented the debtor in several Chapter 11 cases in the Eastern District of Virginia including Heilig-Meyers.
  • In addition to his experience representing debtors, Mr. Hastings has represented secured and unsecured creditors in innumerable Chapter 11 cases, including some of the largest cases filed in the United States, including without limitation, representing Fortune 500 companies in the General Motors (Southern District of New York), Hawker-Beechcraft (Southern District of New York), Kodak (Southern District of New York), RG Steel (District of Delaware), and Lyondell Chemical (Southern District of New York) bankruptcy cases. Mr. Hastings represented the petitioning creditor in the receivership of Widget Home, LLC pending in a state court in Virginia. Mr. Hastings represented a major joint venture partner to the debtor in the Luna Innovations (Western District of Virginia) Chapter 11 case. Mr. Hastings represented private equity investors in the Velocity Capital case pending in the District of Delaware, and he represented lessors in the Circuit City (Eastern District of Virginia), Ennstone (Eastern District of Virginia) and Movie Gallery (Eastern District of Virginia) cases, Mr. Hastings represented a significant supplier in the Cadence Innovation Chapter 11 pending in the District of Delaware. Mr. Hastings represented a variety of trade creditors in the Chapter 11 cases of Alpha Natural Resources, Inc. and Patriot Coal, both pending in the Eastern District of Virginia. Mr. Hastings also represented the founder and former CEO of Health Diagnostics Laboratories, Inc., pending in the Eastern District of Virginia.
 

Loan Workouts and Financial Restructuring

  • Over the course of Mr. Hastings’ career, he has represented borrowers (ranging from mom and pop companies to large businesses) and lenders (ranging from community banks to national banks and private investment companies and hedge funds) in countless out-of-court loan workouts and financial restructuring transactions.  
 

Creditors’ Committee Representation

  • Mr. Hastings has also represented Official Committees of Unsecured Creditors in cases in Virginia and Delaware, including the Champion Homes, International Garden Products, and Samuels Jewelers bankruptcy cases pending in the District of Delaware and numerous Chapter 11 cases in Virginia bankruptcy courts. Mr. Hastings represented the Official Committee of Unsecured Creditors in the Xinergy Ltd. case in the Western District of Virginia.
 

Purchasers of Assets and Businesses in Bankruptcy

  • In addition to his experience selling businesses and assets in Chapter 11 cases, Mr. Hastings has extensive experience representing purchasers of assets in Chapter 11. He has represented purchasers of businesses in the following industries: oil and gas, manufacturing (apparel and furniture), telecommunications, health care, railroad, resorts, and food service.
 

Representation of Trustees and Receivers 

  • Mr. Hastings was appointed as receiver of a large construction company by a state court in Virginia, and he represented the receiver in multiple receiverships prosecuted by the Commodities and Futures Trading Commission and the Securities and Exchange Commission. Mr. Hastings has also represented Chapter 7 trustees in litigation of estate claims, including fraudulent conveyances and avoidable preferences. He also represented the Liquidating Trustee in the LandAmerica Chapter 11 (Eastern District of Virginia), and the Liquidating Trustee in the Champion Homes case (District of Delaware).  He has also represented state court receivers, including the Receiver of Capitol Components & Millwork in the Loudon County Circuit Court.
 

Continuing Care Retirement Communities, Long Term Care and Assisted Care Facilities

  • Mr. Hastings served as lead counsel for the debtor in the chapter 11 reorganization of a CCRC, one of the few in the U.S. to successfully reorganize and emerge from chapter 11. His work involved restructuring secured municipal bonds and negotiating with and obtaining a release from a moratorium on the collection of entrance fees imposed by the Virginia State Corporation Commission and the Virginia Department of Insurance.

ARTICLES

EVENTS

NEWS

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2019 list of leading firms and business lawyers.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


Whiteford, Taylor & Preston and 29 Lawyers Honored by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan. 


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


Five WTP Lawyers Named to Virginia Super Lawyers and Michael Hastings Again Named to "Top 100"

Whiteford Taylor & Preston is pleased to announce that Michael Hastings, Bradford F. Englander and Christopher A. Jones have again been selected as Super Lawyers in Virginia, and Justin Fasano and Brandy Rapp have again been selected as Rising Stars.  In addition, Mr. Hastings was named to the “Top 100” list for all practice areas in Virginia for the second year in a row.


Three WTP Partners Named among Virginia's "2014 LEGAL ELITE" for Bankruptcy/Creditors' Rights

Three partners in the Business Reorganizations & Bankruptcy group at Whiteford Taylor & Preston LLP have been named by Virginia Business as among the state’s top ten vote-getting “Legal Elite” in the field of Bankruptcy/Creditors’ Rights. 
Bradford F. Englander and Christopher A. Jones are based in the firm’s Falls Church office; Michael E. Hastings is based in the Roanoke office.  This was the first listing for Mr. Englander.

63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Five WTP Lawyers Named to Virginia Super Lawyers and Michael Hastings Named to "Top 100"

Whiteford Taylor & Preston is pleased to announce that Michael Hastings, Bradford F. Englander and Christopher A. Jones have again been selected as Super Lawyers in Virginia, and Justin Fasano and Brandy Rapp have been selected as Rising Stars.  In addition, Mr. Hastings was named to the “Top 100” list for all practice areas in Virginia.


Michael E. Hastings Selected as one of Virginia's "2013 LEGAL ELITE"

Michael E. Hastings, a partner in the Business Reorganizations & Bankruptcy group at Whiteford Taylor & Preston LLP, has been selected by Virginia Business as one of the state’s top ten vote-getting “Legal Elite” in the field of Bankruptcy/Creditors’ Rights.