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225 South Sixth Street | Minneapolis, MN 55402
Main:(612) 604-6400 | Fax:(612) 604-6800
www.winthrop.com |  A Professional Association

At-a-Glance

Represents banks and lending institutions in collections strategies


Excels in complex, bankruptcy litigation


Experienced with issues in acquisition of assets or a distressed company


Respected by clients and peers - listed in Minnesota Rising Stars, Super Lawyers®, 2007-2014

 

What I do well is to focus only on those facts necessary to make a case. I’m not thrown off course by irrelevant claims.
—Mike Rosow
 
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Michael A. Rosow

Shareholder
p (612) 604-6734   f (612) 604-6834 
Education
University of Minnesota Law School, J.D., magna cum laude,  2001
University of Redlands, B.A., Government/Mathematics, magna cum laude, 1998
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Experience
From routine banking matters to large, complex litigation, Michael A. Rosow brings a wealth of unique experience to Winthrop & Weinstine’s Creditors’ Remedies and Business & Commercial Litigation groups. Though the heart of Mike’s practice is focused on representing banks and other financial lending institutions, he is a go-to attorney for litigation matters dealing with a strong or complex financial component in the areas of bankruptcy, banking, real estate, contracts, and other commercial matters.

Clients appreciate Mike’s experience because he intimately understands the banking industry and its regulatory environment. He is well-versed in all types of collection matters and is able to quickly and efficiently identify possible solutions and moves swiftly to resolve issues, containing costs for the client. Because of his in-depth and “big case” experience, Mike is very comfortable in front of a judge or jury, and is able to take a matter from cradle to grave.

Strategic Business Counseling
Mike acts as a strategic partner for banks and other financial lending institutions. He works hand-in-hand with workout professionals to implement collection strategies in a timely and professional manner, and delivers strategic advice to clients who need to determine the best way to collect and enforce their rights. Mike can also serve as an external workout professional to guide banks and loan officers through the process. In his creditors’ remedies practice, Mike works on matters such as the acquisition of assets or a company that is distressed, bidding on and acquiring distressed debt, simple loan collections on unsecured notes, and secured real estate notes.

Banking Litigation Representation
What is unique about Mike’s practice is that his knowledge and experience in banking matters has translated well to complex, financial litigation. His ability to simplify complex financial cases and limit them to the core facts is one that works well in a courtroom. Mike excels at heavily litigated bank disputes, including lender liability claims, counter claims against banks, claims of coercion, and fraudulent inducement. He frequently works on cases involving mortgage foreclosures, receiverships and claim and delivery, including cases involving entities that have gone through bankruptcy or have issues associated with a bankruptcy filing.

Recently, Mike represented multiple creditors in the bankruptcy and federal district court proceedings that arose in the wake of Tom Petters’ $3.5 billion Ponzi scheme, including the first major creditor to enter into a significant settlement agreement with the Petters’ trustee and the various bankruptcy estates.

Before joining Winthrop & Weinstine, Mike was an associate at another Minneapolis law firm and served as judicial clerk for the Honorable Richard Kyle in 2001-2002. Mike lives in Minneapolis with his wife and two sons. He frequently participates in marathons, and recently finished his first Ironman triathlon.


Bar Admissions

Minnesota, 2002
New York, 2002
United States District Court for the District of Minnesota, 2002
United States District Court for the Western District of Wisconsin, 2008
United States District Court for the District of Colorado, 2015
U.S. Court of Appeals for the 8th Circuit, 2003
Ho-Chunk Nation, 2013


Representative Cases
  • Successfully tried a weeklong jury trial seeking damages from a creditor that took control of an ethanol plant that failed to pay its other creditors.  
  • Represented several financial institutions in responding to residential mortgage repurchase demands totaling over $40 million. Coordinated with other defendants in defending against claims and developed unique settlement analysis that resulted in clients obtain an early resolution of the claims.
  • Represented special services of CMBS on all aspects of commercial real estate loan workouts. Properties have included office, industrial, warehouse, gas stations, convenience stores and hotels.
  • Represented secured lender liquidating a large portfolio of loans to numerous home builders and residential real estate developers. Collateral included vacant lots, numerous spec homes, condominiums and properties involving homeowners associations. Remedies exercised on behalf of the lender included judicial foreclosures, foreclosures by advertisement, voluntary foreclosure agreements, deeds in lieu of foreclosure, deeds in escrow, reduction of redemption period to five weeks for vacant properties, and receivership.
  • Represented loan servicer in bankruptcy proceeding with mortgages and liens on approximately forty convenience stores.  The borrower’s efforts to confirm a cram-down plan of reorganization were defeated, which led to an agreed-upon 363 sale where each of the convenience stores was sold at public auction and the secured lender acquired one store through credit bid.
  • Represented secured lender in contested Chapter 11 cash collateral hearing involving a printing company which project significant erosion of cash, inventory and account receivable levels early in the bankruptcy case. Obtained favorable cash collateral order which constricted the borrower’s ability to spend cash and erode collateral value.
  • Represented multiple creditors in various bankruptcy proceedings, adversary proceedings, and in federal district court in connection with a $3.5 billion Ponzi scheme. Achieved the first significant settlement with the Petters’ trustee and the various bankruptcy estates.
  • Successfully tried an adversary proceeding objecting to a debtor’s discharge. The debtor had transferred significant assets on the eve of filing for bankruptcy and had filed materially false schedules and statements with the bankruptcy court.
  • Represented a securities brokerage and trading firm in connection with a suit against an international financial institution for damages caused by a rouge employee.
  • Represented a local bank in connection with a mortgage foreclosure matter involving multiple appeals to the Minnesota Court of Appeals and Minnesota Supreme Court. Successfully defended the priority of the bank’s mortgage against a junior creditor and defeated multiple lender liability claims asserted against the bank.
  • Successfully represented a participant bank in connection with a claim against a lead bank that had failed to disclose material information in connection with selling a multi-million dollar participation.
  • Represented a lead bank in connection with a foreclosure on a senior cooperative and in connection with a suit brought by participant banks. The matter included litigation in state court, bankruptcy court and federal court.
  • Executed and recovered various unusual items of collateral, including show-horses, wholesale live-fish inventory, sports memorabilia, boats, snowmobiles, and certificated stock.

Presentations
Speaker. "Energy [Bankruptcies and Workouts.]" TMA Mid-America Regional Conference. 11-13 May 2016.

Speaker. "Should the Bankruptcy Venue Statute be Amended to Prevent Venue Shopping? Proposed Amendments to 28 USC Section 1408." Minnesota State Bar Association. 16 February 2016. 

Speaker. "Conversion & Dismissal of [Bankruptcy] Cases." Bankruptcy/Debtor-Creditor Series: Bankruptcy Deskbook CLE. Minn. State Bar Association. 16 Jan. 2015.

Speaker. "View from Inside the Special Asset and Workout Groups." TMA Mid-America Regional Conference. 11-12 September 2014.

Speaker. "Conversion & Dismissal of [Bankruptcy] Cases." Bankruptcy Practice in Minnesota Deskbook CLE. Minn. State Bar Association. 13-14 Jun. 2012.

Speaker. "Bringing and Defending "Clawback Claims" in Bankruptcy." Minnesota CLE. 19 Sept. 2012.

Speaker. "Ponzi Schemes: Strategies for Defending Clawback Litigation." Minnesota CLE. 17 Apr. 2012.

Speaker. "The Basics of Business Banking Litigation, Default, Workout, Repossession, Foreclosure and Bankruptcy: A Secured Lender’s Perspective." Lorman Education Services. 14 Sept. 2010.

Speaker. "The Basics of Business Banking Litigation, Default, Workout, Repossession, Foreclosure and Bankruptcy: A Secured Lender’s Perspective." Lorman Education Services. 13 May 2009.

Speaker. "The Basics of Business Banking Litigation, Default, Workout, Repossession, Foreclosure and Bankruptcy: A Secured Lender’s Perspective." Lorman Education Services. 13 May 2008.

Speaker. "The Basics of Banking Litigation, Default, Workout, Repossession, Foreclosure and Bankruptcy: A Secured Lender’s Perspective." Lorman Education Services. 11 May 2007.

Community Involvement
  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • New York State Bar Association
  • American Bar Association
  • Risk Management Association
  • Bankruptcy Practice Committee for the District of Minnesota (2012-2014)
  • Turnaround Management Association
    • Board of Directors, Minnesota Chapter
    • Program Committee, Minnesota Chapter
    • Mid America Regional Conference, Minnesota Chapter Committee Member
  • American Bankruptcy Institute
    • Real Estate Committee
      • Newsletter Editor

Honors & Awards
  • Minnesota Rising Stars, Super Lawyers®, 2007-2015
  • Order of the Coif

 
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