Michael R. Caruso is a litigator who focuses his practice on creditors’ rights in Chapter 11 bankruptcy, commercial mortgage foreclosure, business insolvency, and complex disputes involving real estate, equipment leasing, tax liens, and secured transactions. Michael practices in state and federal courts throughout New York and New Jersey and in bankruptcy courts across the country.
As part of the Litigation Group, Michael concentrates his practice on the enforcement of defaulted commercial loans and guarantees, workouts, and restructurings. He prosecutes commercial mortgage foreclosures in New Jersey and New York regularly obtaining pre-judgment remedies such as appointments of receivers and access orders. Michael helps clients sell defaulted loans, acquire distressed real estate, and navigate the bankruptcy process.
As part of the Bankruptcy and Creditors’ Rights Group, Michael represents lenders, sureties, landlords, equipment lessors, healthcare companies, and other creditors in all aspects of Chapter 11 reorganization and Chapter 7 liquidation. He is an effective advocate in asset sales, plan negotiation and confirmation, claim allowance and recovery, relief from stay, and adversary proceedings for non-dischargeability.
Upon graduation from law school, Michael clerked for the Hon. Jamie D. Happas, J.S.C. and the Hon. Andrea G. Carter-Latimer, J.S.C., each of the Superior Court of the New Jersey, Law Division, Middlesex County. While attending Rutgers Law School, Michael received the distinction of “Top Ten Petitioner Brief” in the James J. Hunter Advanced Moot Court Competition.
- Rutgers Law School (J.D., 2007)
- Rutgers, The State University of New Jersey (B.A., with honors, 2003)
- New Jersey
- New York
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern and Southern Districts of New York
- Successfully foreclosed hundreds of millions of dollars in commercial real estate mortgages encumbering office buildings, shopping centers, hotels, and mixed-use real estate throughout New York and New Jersey
- Represented a national bank as proponent of a confirmed Chapter 11 plan of liquidation resulting in a $6 million sale of real estate and payment of the bank’s secured debt in full, including interest and attorneys’ fees
- Represented a Chapter 11 trustee in the $13.7 million sale of a beachfront 354-unit apartment complex in Atlantic City, New Jersey, resulting in payment of secured, administrative, and priority unsecured claims
- Represented a New York City hospital and its affiliates as Chapter 11 debtors-in-possession
- Represented a prominent real estate developer as intervenor in a tax foreclosure of land integral to the waterfront redevelopment of Asbury Park, New Jersey
- Prevailed on summary judgment in favor of a New Jersey public entity under the New Jersey Tort Claims Act
- Middlesex County Bar Association
- New York State Bar Association
- Appointed by the Supreme Court of New Jersey to serve a three-year term (2016 - 2019) as Member of the District V-A Ethics Committee, covering the City of Newark, responsible for investigating and hearing attorney ethics grievance cases