Mikel R. Bistrow is a partner with Foley & Lardner LLP and practices in the areas of commercial finance and lending, real and personal property secured transactions, Uniform Commercial Code, creditor’s collection and related remedies, bankruptcy, insolvency and work-outs. Ms. Bistrow’s finance practice emphasizes representing lenders and borrowers in documenting and negotiating real and personal property loans and secured transactions, including revolving lines of credit, asset-based loans, securitized credits and construction financing. She is a member of the firm’s Bankruptcy & Business Reorganizations Practice as well as the western regional co-chair of the practice. She is also chair of the Litigation Department in the San Diego and Del Mar offices.
Ms. Bistrow is a seasoned lecturer and published author and has received the following honors and awards:
- The Best Lawyers in America (Woodward White, Inc., 1995-2013)
- The Best Lawyers in America 2012 Lawyer of the Year, Litigation - Bankruptcy, San Diego, California (Woodward White, Inc., 2012)
- Super Lawyer - San Diego (Law & Politics, 2007 - 2012)
- The Best Lawyers in San Diego (San Diego Magazine, 2001 and 2005-2013)
- The Best Lawyers in San Diego (San Diego Metropolitan Magazine, 2010 and 2012)
- San Diego’s Top 25 Lawyers (San Diego Metropolitan Magazine, May 2010)
- Top 25 Women - San Diego Super Lawyers (Law & Politics, 2007 and 2009 – 2012)
- Southern California's Best Lawyers (Los Angeles Times, 2007 and 2008)
- San Diego Top Attorney - Real Estate Transactional (San Diego Daily Transcript, July 2007)
Ms. Bistrow has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.
Ms. Bistrow is a member of the Business Law Section, the Uniform Commercial Code, and the Business Bankruptcy Committees of the American Bar Association. She is a member and former co-chairperson of the Uniform Commercial Code Committee and a former member of the executive committee and treasurer of the Business Law Section of the State Bar of California. In addition, she is a founding member of the San Diego Bankruptcy Forum and a former member of the board of directors of the California Bankruptcy Forum. Ms. Bistrow is also board certified in business bankruptcy law by the American Board of Certification and is also a member of the board of directors of that organization.
Ms. Bistrow earned her J.D. from the University of Michigan Law School (1981) and is an honors undergraduate of the University of Michigan.
Ms. Bistrow is admitted to practice in California and before the U.S. District Court for the Southern, Northern, Central and Eastern Districts of California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court.
Selected Publications:
- Co-author, "Applying Absolute Priority Rule - Broad Vs. Narrow Views," Law 360, April 2013
- Co-author, "Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements," Business Workouts Manual, Warren, Gorham & Lamont, 2010-2011 and earlier and updated editions
- Featured in "Structured Debt Complicates Dealing with Troubled Loans," California Real Estate Journal, April 7, 2008
- Co-author, "Boilerplate Provisions in Transactional Documents: How to Stay Out of Trouble," California Business Law Practitioner, Vol 20, No. 3, Summer 2005 (co-author with Steven O. Weise)
- Co-author, "Bankruptcy for Non-Bankruptcy Lawyers," The Rutter Group, 1998
- Author, "Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements," Loyola Consumer Law Reporter, Vol. 8, No. 4, 1996
- Contributing Author, Bankruptcy Practice: Fifth Annual Recent Developments, CEB, 1996
- Contributing Author, Bankruptcy Practice: Fourth Annual Recent Developments, CEB, 1995
- Author, "Bankruptcy Fundamentals," The Rutter Group, 1994
- Author, "Leases and Bankruptcy: Any Hope for Landlords?" The National Network Quarterly, March 1994
- Contributing Author, Secured Loan Checklist," Financial Lawyers Conference of Southern California, 1994
- Contributing Author, Bankruptcy Practice: Third Annual Recent Developments, CEB, 1994
- Consultant, Sales & Leases in California Commercial Law Practice, CEB, 1993
- Contributing Author, Bankruptcy Practice: Second Annual Recent Developments, CEB, 1993
- Co-author, "How to Protect Secured Interests in Bankruptcy in California," National Business Institute, 1993
- Contributing Author, Bankruptcy Practice: Recent Developments, CEB, 1992
Selected Speaking Engagements:
- Speaker, "UCC Filings - How to Become a Secured Creditor," CFDD San Diego Chapter - National Association of Credit Management, April 18, 2013
- Moderator and Speaker, "Hot Topics in Bankruptcy 2013," The Rutter Group, Los Angeles, California, April 8, 2013, San Francisco, California, April 9, 2013
- Moderator and Speaker, "Bankruptcy and Divorce: When Worlds Collide," San Diego Bankruptcy Forum, January 29, 2013
- Speaker, "What Every Unsecured Creditor Should Know About Becoming a Secured Creditor Under the UCC," Industrial Chemical Credit Group, September 13, 2012
- Speaker, "California Update: Finance & Securities Law," National Business Institute, July 19, 2012
- Moderator and Speaker, "Bankruptcy and Family Law: When Worlds Collide," American Academy of Matrimonial Lawyers, 36th Annual Symposium, Silverado, California, May 19, 2012
- Moderator and Speaker, "The ABCs and More of ABCs," California Bankruptcy Forum, 24th Annual Insolvency Conference, Rancho Mirage, California, May 18, 2012
- Moderator and Speaker, "What a General Counsel Needs to Know about Workout Litigation," The Real Estate General Counsel's Forum West, Dana Point, California, May 3, 2012
- Moderator and Speaker, "Bankruptcy Issues in Divorce . . . A Challenging Minefield," The Rutter Group, San Francisco, California, May 1, 2012, Los Angeles, California, May 2, 2012
- Speaker, "Works of Improvement (Mechanic's Liens)," in conjunction with San Diego Wholesale Credit Association, April 20, 2012
- Speaker, "Bankruptcy and Family Law -- When Two Worlds Collide," San Diego Country Bar Association - Bankruptcy Law and Family Law Sections Members, April 12, 2012
- Speaker, "Hot Topics in Privacy for Commercial Lawyers," California State Bar Business Law Section, March 21, 2012
- Speaker, “The Bankruptcy Battlefield – What You Need To Know,” ACC San Diego Chapter, March 15, 2012
- Speaker, "Creditors' Rights in Bankruptcy," CFDD San Diego Chapter, February 24, 2012
- Moderator, "Stern v. Marshall," San Diego Bankruptcy Forum and Federal Bar Association, San Diego Chapter, February 10, 2012
- Moderator and Speaker, "Bankruptcy and Divorce: When Worlds Collide," Bay Area Bankruptcy Forum, January 31, 2012
- Co-Speaker, "Hot Topics in Insolvency and Bankruptcy," CresaPartners’ annual meeting, San Diego, California, April 30, 2011
- Moderator and Speaker, "Bankruptcy: The Latest Post-BAPCPA Resolved and Unresolved Issues," The Rutter Group, San Francisco and Los Angeles, March 15, 2011
- Speaker, "Introduction to California One-Action and Antideficiency Rules," California State Bar Section Cyber Institute/Real Property Section, January 31, 2011
- Speaker, "Bankruptcy – An Overview of Selected Topics and Strategies," National Academy of Elder Law Attorneys 2010 Advance Fall Institute, November 5, 2010
- Moderator, "Bankruptcy – Strategies and Solutions Post-BAPCPA," The Rutter Group, San Francisco and Los Angeles, November 2008
- Speaker, "Anti-Trust Issues Affecting Trade Groups," National Association of Credit Managers Western Region Credit Conference, Las Vegas, Nevada, October 18, 2007
- Speaker, "Bankruptcy Issues in Divorce," Rutter Group program, San Francisco and Los Angeles, September 2007
- Moderator and Speaker, "Second Lien and Intercreditor Agreements," American Conference Institute, New York, September 27-28, 2006
- Speaker, "Bankruptcy Abuse Prevention Act," Hospitality Industry Credit Group and Credit Group of the National Association of Credit Management seminar, September 12, 2006
- Moderator and Lead Speaker, "Real Estate Lending Requirements and Loan Documentation," Lorman seminar, San Diego, California, August 22, 2006
- Speaker, "Mechanics Lien Law & Related Remedies," National Association of Credit Managers, San Diego, 2006
- Speaker, "Defeasances in Real Estate Financing – The Good, The Bad and The Ugly," American Bar Association, Tampa, Florida, April 8, 2006
- Speaker, "An Overview of the New Bankruptcy Laws," NACM/CFDD San Diego Chapter, March 16, 2006
- Speaker, "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," December 9, 2005
- Speaker, "2nd Annual Women in Leadership Conference," University of San Diego School of Business, April 2005
- Speaker, "Innovative Financing of the Closely-Held Family Business," Entrepreneurial Management Center of the College of Business Administration of San Diego University, February 2005
- Speaker, "Insurance: What Every Leader Should Know But Is Afraid To Ask," San Diego National Bank Seminar, January 2005
- Speaker, "Bankruptcy Taxation," 8th Annual Tax and Accounting Institute, San Diego, California, November 2004
- Speaker, "What Every Unsecured Creditor Should Know About Being A Secured Creditor," Western Regional CFDD Conference, February 19-20, 2004
- "Credit Collection – Is It Legal? Is It Ethical?," Western Regional CFDD Conference, February 19-20, 2004
- "Doing Business With Indian Tribes," Western Regional CFDD Conference, February 19-20, 2004
Representative Matters Include:
- Represented a bank in the sale of automobile dealerships to an international auto group.
- Represented borrower in project finance loan secured by a biomass power plant facility in Bieber, California.
- Represented lender in inventory floor finance transactions for automobile and motorcycle dealerships and related dealership site acquisition loans in California and Arizona.
- Represented lender in $10,000,000 loan to health-care provider secured by health-care receivables.
- Represented borrower in the restructure of a $20,000,000 secured loan facility concerning a high-security facility leased to the United States government in Fresno, California.
- Represented lender in multiple high-end condominium construction loans to various borrowers in San Diego, California.
- Represented borrower as California counsel in $110,000,000 debt issuance secured by natural gas leases and related property in California.
- Represented borrower in $150,000,000, $144,000,000, $110,000,000 and $99,000,000 construction loans for luxury condo projects in San Diego, California.
- Represented borrower in finance of construction of timeshare/club points projects in Escondido, California, Branson, Missouri, and Cabo, Mexico, and related inventory loans.
- Represented lender in $14,700,000 construction loan for museum in San Diego, including negotiating development agreements with San Diego Redevelopment Agency.
- Represented lender in multiple construction loans for build-to-suit industrial buildings in border areas of San Diego, California.
- Represented lender in $10,000,000 line of credit secured by publicly-traded REIT Units.
- Represented lender in $250,000,000 loan to consolidate real estate holdings across the United States.
- Represented lender in revolving credit to group of affiliated borrowers secured by securities and annuity contracts.
- Represented lender in a construction loan for hotel and multi-use project in the Gaslamp District, San Diego.
- Represented borrower in $80,000,000 asset-based cross-border revolving line of credit involving multiple related entities.
- Represented drug manufacturer borrower in $50,000,000 revolving loan facilities.
- Cordillera Golf Club LLC, represented debtor, owner and operator of Vail area golf courses and related club facilities in Chapter 11 reorganization in Denver Colorado (2012).
- In re Party City, et al., represented affiliated Party City franchisee debtors in chapter 11 reorganization.
- In re Palomar Mountain Spring Water, represented debtor in Chapter 11 reorganization.
- In re Checkerboard Square, LLC, represented trustee in Chapter 11 reorganization.
- In re Cimms, Inc,. et al., represented affiliated Burger KingTM franchisee debtors in Chapter 11 reorganization.
- In re Telios, represented official committee of common shareholders committee in Chapter 11 reorganization of public company debtor.
- In re Sym-Tek Systems, represented official reconstituted unsecured creditors committee in Chapter 11 reorganization of public company debtor.
- In re SonicBlue Inc., et al., represented official unsecured creditor’s committee in Chapter 11 case of public company debtor.