Michael J. Durrschmidt

Michael J. Durrschmidt

by Onyinyechi Muilenburg

Michael J. Durrschmidt is Board Certified in Business Bankruptcy by the Texas Board of Legal Specialization (since 1990).

Practicing primarily in the areas of creditors’ rights, bankruptcy, and banking, he represents lenders, suppliers, landlords, and lessors in cases related to work-outs, debt restructures bankruptcy, state and federal collection and lien priority litigation, real and personal property foreclosures, and repossessions. His extensive experience in business bankruptcy includes acquisitions and disposition of business lines and assets in bankruptcy cases, prosecuting numerous contested stay litigation matters, as well as successfully contesting or confirming plans of reorganization. Mike has also prosecuted and defended numerous trials involving discharge/dischargeability and exemption issues; and prosecuted trials regarding various financial matters in state and federal courts.

He has successfully represented numerous businesses in restructures and bankruptcy proceedings. These companies have ranged from a law firm, a hospital, a real estate developer, manufacturing companies and retailers. Mike also represents business owners in all aspects of the restructuring or reorganization process.

Mike is certified as a mediator by the University of Houston Law Center, AA White Dispute Resolution Center, a nationally recognized alternative dispute resolution center.

Mike is admitted to practice in Texas state courts, the United States Supreme Court, the U.S. Circuit Courts of Appeal for the Second and Fifth Circuits, and the Federal District Courts of Texas. Additionally, Mike has practiced before numerous bankruptcy courts across the country.

Mike is rated an AV lawyer by Martindale and Hubbell. Annually, Thomson Reuters publishes a list of Texas Super Lawyers based on surveys of the more than 55,000 attorneys across the state who have been licensed to practice for five years or more. The category of Super Lawyer belongs to only the top 5 percent of Texas attorneys in more than 60 practice areas. Mike has been named to the “Super Lawyers” list in 2019 in the area of Bankruptcy and Workouts. This marks Mike’s fifteenth consecutive year to have achieved this honor. Additionally, Mike has been voted and recognized by H Texas Magazine as a “Top Lawyer for the People” in February 2008 and as a “Houston’s Top Lawyer” in June 2008.  Mike has also been recognized as a Houston “Top Lawyer” in the area of bankruptcy/debt law (Houstonia Magazine 2014-2016).

Mike is a member of The College of the State Bar of Texas, an honor society of lawyers who are among the best trained attorneys in Texas.

Mike spoke at the 3rd Annual Consumer Bankruptcy Conference sponsored by the University of Texas School of Law on the topic of exemptions; at the Texas Bankers Association’s 40th Annual Legal Conference on the diligence of lenders; at the HPA’s 2015 Advanced Paralegal Conference on ethical issues regarding signature; and at the Moller-Foltz Inns of Court on law firm insolvencies.

Mike also appeared as a guest on the Debra Duncan Great Day Houston program where he spoke about strategies for those thinking about filing for bankruptcy.

Mike graduated cum laude from South Texas College of Law, Houston, Texas. He was honored as a member of the Order of Lytae and served on the editorial board for the South Texas Law Journal as Assistant Comments Editor. Mike attended American University in Washington D.C. and graduated from its School of Public Affairs, with a double bachelor degree in Political Science and Economics.

  • In 2009, Mike successfully confirmed a plan of reorganization for a hospital in South Texas;
  • In 2012, Mike successfully reorganized a real estate developer in the Eastern District of Texas;
  • Mike was the Chapter 11 Trustee for a manufacturing company, and confirmed a plan of reorganization; and
  • Recently, Mike successfully confirmed a plan of reorganization for a Houston law firm.

Reported Cases:

  • Sakowitz, Inc. v. Chase Bank International, 110 B.R. 268 (Bankr. S.D. Tex. 1989)
  • In re Sakowitz, Inc., 949 F.2d 178 (5th Cir. 1991)
  • NCNB Texas National Bank v. Jones, 143 B.R. 687 (S.D. Tex. 1991) aff’d, 966 F.2d 169 (5th Cir. 1992)
  • In re Seton Chase Associates, Inc., 141 B.R. 2 (Bankr. E.D.N.Y. 1992)
  • Cullen Center Bank & Trust v. Lightfoot, 152 B.R. 141 (Bankr. S.D. Tex. 1993), aff’d 35 F.3d 561 (5th Cir. 1994)
  • Hoffman v. Ramirez (In Re Astroline Comm. Co. Ltd), 161 B.R. 874 (Bankr. D. Conn. 1993)
  • NCNB Texas National Bank v. Hoak, 91 F.3d 141 (5th Cir. 1996)
  • Hoffman v. WHCT Management, Inc., (In re Astroline Comm. Co. Ltd.), 188 B.R. 98 (Bankr. D. Conn. 1995), aff’d 111 F.3d 123 (2nd Cir. 1997)
  • KPMG Peat Marwick v. Texas Commerce Bank, 976 F. Supp. 623 (S.D. Tex. 1997)
  • In re Superior Oilfield Products, 131 F.3d 140 (5th Cir. 1997)
  • Chemoil Inc. v. Pfeifle, 154 Fed.Appx. 432 (5th Cir. 2005)
  • In re Cherry, 341 B.R. 581 (Bankr. S.D. Tex, 2006)
  • In re Tile Outlet, Inc., 2006 WL 1716125 (S.D. Tex. 2006)
  • Jackson v. Cherry (In re Cherry), 2006 WL 3088212 (Bankr. S.D. Tex. Oct. 25, 2006)
  • Banc of America Strategic Solutions, Inc. v. Bryan (In re Bryan), 364 B.R. 263 (Bankr. S.D. Tex. 2007)
  • Comerica Bank v. Rajabali (In re Rajabali), 365 B.R. 702 (Bankr. S.D. Tex. 2007)
  • In re Blow, 2007 WL 1858697 (Bankr. S.D. Tex 2007)
  • Temecula Valley Bank v. Stanton (In re Stanton), 2007 WL 776543 (Bankr. S.D. Tex. 2007) aff’d 2007 WL 2538431 (S.D. Tex. 2007)
  • Texas Alcoholic Beverage Commission v. Fiesta Liquors, Inc., 2007 WL 3315029 (Tx. Off. Admin. Hgs., Nov. 5, 2007)
  • In re Automotive Professionals, Inc., 370 B.R. 161 (Bankr. N.D. Ill. 2007), aff’d 379 B.R. 746 (N.D. Ill. 2007)
  • Gecker v. Marathon Financial Ins. Co., Inc., (In re Automotive Professionals, Inc.), 389 B.R. 621 (Bankr. N.D. Ill. 2008)
  • Automotive Professionals, Inc. v. Marathon Financial Insurance Co., Inc., RPG (In re Automotive Professionals, Inc.), 389 B.R. 630 (Bankr. N.D. Ill. 2008)
  • Gecker v. Marathon Financial Ins. Co., Inc. (In re Automotive Professionals, Inc.), 391 B.R. 613 (N.D. Ill, 2008)
  • Levine v. M & A Custom Home Builder & Developer, LLC, 400 B.R. 200 (S.D.Tex., 2008)
  • In re Blake, 2008 WL 5043318 (Bankr. S.D. Tex., Sept. 22, 2008).
  • In re Moye, 2008 WL 5459853 (Bankr. S.D.Tex., Oct. 31, 2008)
  • In re Blake, 2009 WL 349815 (Bankr. S.D.Tex., Feb. 10, 2009)
  • In re North Bay General Hosp., Inc., 404 B.R. 429 (Bankr. S.D. Tex. 2009)
  • In re North Bay General Hosp., Inc., 404 B.R. 443, (Bankr. S.D. Tex. 2009)
  • Ruby Robinson Co., Inc. v. Kahil Fresh Marketing, Inc., 2010 WL 3701579 (S.D. Tex. Sept. 10, 2010)
  • In re Harborwalk, LP, 2010 WL 346298 (Bankr. S.D.Tex, Jan. 29, 2010)
  • Ford Motor Credit Co. v. Franceschini (In re Kirk Franceschini), 2010 WL 3952870 (Bankr. S.D.Tex. Oct. 7, 2010)
  • City National Bank v. Pearland Sunrise Lake Center, L.P. (In re Pearland Sunrise Lake Center), L.P. 2010 WL 4272477 (Bankr. S.D.Tex., Oct. 19, 2010)
  • Ford Motor Credit Co. v. Franceschini (In re Franceschini), 2011 WL 1522331 (Bankr. S.D.Tex. April 11, 2011)
  • Ford Motor Credit Co. v. Franceschini (In re Franceschini), 2012 WL 113337 (Bankr. S.D. Tex. Jan. 12, 2012)
  • Page v. Crown Ranch Development, Ltd. (In re Crown Ranch Development, Ltd.) 2012 WL 1072221 (Bankr. E.D. Tex. March 29, 2012)
  • Durrschmidt v. Frost Bank (In re R&K Fabricating, Inc.), 2012 WL 2118178 (Bankr. S.D. Tex., June 11, 2012)
  • Schurn v. Gilbert (In re Gulf Coast Glass & Erection Co., Inc.), 2012 WL 2994473 (Bankr. S.D. Tex. July 20, 2012)
  • First Mesa Tankships, LLC v. Fire Protection Services, 2012 WL 3637400 (E.D. La. Aug. 22, 2012)
  • In re City of Angel, LLC, 2012 WL 6694075 (Bankr. S.D. Tex., Dec. 21, 2012)
  • Durrschmidt v. Frost Nat’l Bank (In re R&K Fabricating, Inc.), 2012 WL 5928524 (Bankr. S.D. Tex., Nov. 26, 2012)
  • In re JMW Auto Sales, 494 B.R. 877 (Bankr. S.D. Tex. 2013)
  • Durrschmidt v. Frost Nat’l Bank (In re R&K Fabricating, Inc.), 2013 WL 1292645 (Bankr. S.D. Tex., March 27, 2013)
  • Schurn v. Gilbert (In re Gulf Coast Glass & Erection Co., Inc.), 484 B.R. 685 (Bankr. S.D. Tex. 2013)
  • Madden v. Ontility LLC (In re Energy Conversion Devices, Inc.), 2013 WL 3324223 (Bankr. E.D. Mich. 2013)
  • Third Coast Bank, SSB v. Cohen (In re Cohen), 2013 WL 4079369 (Aug. 13, 2013), aff’d 2014 WL 2729608 (June 16, 2014), aff’d 599 Fed. Appx. 192 (5th Cir. 2015)
  • In re R&K Fabricating, Inc., 2013 WL 5493161 (Bankr. S.D. Tex. Sept. 30, 2013)
  • Durrschmidt v. Frost Nat’l Bank (In re R&K Fabricating, Inc.), 2013 WL 4482971 (Bankr. S.D. Tex., Aug. 20, 2013).
  • Bank of America, N.A. v. Armstrong (In re Armstrong), 498 B.R. 229 (8th Cir. BAP 2013)
  • Levine v. Steve Schurn Custom Homes, Inc., 448 S.W. 3d 637 (Tex App. [Hou. 1st Dist.] 2014)
  • In re Finnegan, 2014 WL 3882365 (Tex. App. – El Paso Aug. 7, 2014)
  • In re Harris, 2015 WL 2210339 (Bankr. S.D. Tex. May 8, 2015)
  • In re Petroleum Products & Services, Inc., 556 B.R. 296 (Bankr. S.D. Tex. 2016)
  • Petroleum Products & Services, Inc. v. Kana Energy Services, Inc. (In re Petroleum Products & Services, Inc.), 557 B.R. 918 (Bankr. S.D. Tex. 2016)
  • Petroleum Products & Services, Inc. v. McClinton Energy Group, LLC (In re Petroleum Products & Services, Inc.), _____ B.R. ____, 2016 WL 624819 (Bankr. S.D. Tex. Oct. 25, 2016)

The College of the State Bar of Texas