Email: Michael D. Pinsky ›
After serving in the U.S. Air Force, Michael Pinsky attended the College of Charleston and then graduated with honors from the University of Texas School of Law in 1984, serving on the prestigious Texas Law Review. He trained as a bankruptcy attorney in Houston Texas during the real estate and oil patch downturns in the mid-1980’s in a mid-size real estate law firm, and in the late 1980’s through the mid-90’s in a well-known Atlanta Georgia bankruptcy boutique. Michael moved back to New York in 1995 and established his own practice.
Michael is admitted to practice law before the courts of the State of New York and the United States District Courts for the Eastern, Northern and Southern Districts and the United States Court of Appeals for the Second Circuit. He most often practices bankruptcy law before the United States Bankruptcy Court for the Southern District of New York, Poughkeepsie Division. The Poughkeepsie Division of the Southern District includes bankruptcy cases from the following New York counties: Dutchess, Orange, Sullivan, Ulster, Greene, Putnam and Columbia.
He is a member of the New York State Bar Association, the State Bar of Texas (inactive), the American Bankruptcy Institute, and the National Association of Consumer Bankruptcy Attorneys.
Since 1995, Michael has represented more than two thousand residents of Orange, Sullivan, Ulster, Dutchess, Rockland and Westchester counties in bankruptcy cases, helping them get a fresh start under the U.S. Bankruptcy Code.
Small business Chapter 11 cases include:
Ellenville Community Hospital, a struggling rural community hospital in Ulster County that had suffered a fatal Legionnaires’ Disease outbreak and a loss of referrals from local physicians. A successful chapter 11 case resulted in the sale of the facility as a going concern and prevented the hospital from closing.
Mark Lavon Helm (a/k/a Levon Helm) and Sandy Helm. Recovering from a battle with throat cancer, the case provided a foundation on which the founder and drummer for The Band emerged to win 2 consecutive Grammy Awards.
Watson Services, Inc., a government contractor proving turnkey food service to 3 of the 4 military service academies. After resolving litigation with the Navy, the debtor confirmed a plan to sell its remaining government contracts to a regional non-profit entity.
RAMZ Realty LLC, successfully confirming a plan over the objection of its largest secured creditor, extending a construction loan to a 20-year term loan on favorable terms.
Ralston-Lippincott-Hasbrouck-Ingrassia Funeral Home, Inc., et al., confirming a negotiated plan to restructure the cross-collateralized debt on four funeral homes.
Helen Marie Simonsen, Inc., confirming a chapter 11 plan to save a horse farm from foreclosure.
Bankruptcy litigation cases for homeowners include:
Foreclosure Rescue Scam – Filed for chapter 13 relief for victims of a foreclosure rescue scam while litigating to unwind the scheme with the straw man’s lenders in state court. The litigation resulted in the return of the clients’ home despite the fraudsters absence from the litigation; the (very) short payment of the straw man’s second mortgage, and the assumption and modification of that individual’s first mortgage on very favorable terms.
Appraisal & Mortgage Broker Fraud – In a case involving a fraudulent appraisal submitted by a mortgage broker to support an unaffordable mortgage loan, court-ordered discovery from the originating lender (following removal of the lender’s foreclosure action to the Bankruptcy Court and the filing of counterclaims) revealed red flags concerning valuation in the lender’s underwriting file. That led to a settlement including significant interest rate and principal reductions, the lender’s forgiveness of all arrears and payment of the clients’ real estate taxes.
Mortgage Servicing Abuse: A rare instance of provable fraudulent inducement to ‘suspend’ making monthly mortgage payments in order to ‘qualify’ for a loan modification. The clients did stop making payments as advised, and several months later had their application denied and a foreclosure commenced. In Chapter 13, an objection to the lender’s claim and a counterclaim for fraud, etc. led to a very favorable litigation modification of the mortgage, including a principal write-down and payment of the client’s attorneys’ fees.
Breach of Contract: Successful litigation against a national bank mortgage servicer for breach of the clients’ contract to modify their loan. The resolution of the case included the write-off of several years’ worth of mortgage payments.
Commercial bankruptcy litigation including:
Representing the target defendant in a $100 million bankruptcy lawsuit arising out of the failure of a regional commercial real estate lender.
Successfully defending the City of Middletown, New York against an attack under the Bankruptcy Code on the City’s home rule in rem foreclosure procedures.
Successfully defending Ulster County, New York from litigation by a former Catskill hotel and its alleged native American tribe partner, seeking recognition of the ‘tribe’ as a sovereign native American nation, thereby setting the stage for otherwise unlawful gambling in Ulster County.
Securing Bankruptcy Court approval for the exercise of eminent domain for access to the new Ulster County jail.