Michael D. DeBaecke


Michael DeBaecke concentrates his practice on bankruptcy reorganizations and related litigation, representing a variety of Chapter 11 debtors, trustees, creditors’ committees, secured and unsecured creditors, landlords, asset purchasers, contract parties, and parties in various bankruptcy litigation matters, including:

  • preference and fraudulent transfer actions
  • breach of fiduciary duty actions
  • breach of contract actions
  • lien priority actions

In addition to his busy bankruptcy practice, which extends to courts across the country, Mr. DeBaecke is a former law clerk in the Delaware Court of Chancery and maintains a targeted litigation practice focused primarily on Delaware Court of Chancery corporate litigation and Delaware District Court commercial litigation.

Chambers USA notes that Mr. DeBaecke works ‘diligently and persistently for his clients but knows when to compromise,’ according to sources.” Others say that he “understands the big picture” and “gets things done that are in the best interest of the client.”


  • Lead counsel to Chapter 11 debtor Midway Games, inventor of Mortal Kombat, with valuable IP assets related to its computer game business (Wilmington, DE)
  • Co-counsel to debtor American Western Refining, L.P. in its Chapter 11 case (Wilmington, DE)
  • Lead counsel to CF Capital Assets LLC, franchisor in the convenience food store industry, in its Chapter 11 reorganization case (Wilmington, DE)
  • Lead counsel to cable television companies, Mallard Cablevision and Suntel Communications, in their Chapter 11 cases (Wilmington, DE)
  • Co-counsel to Chapter 11 debtor BCP Management, Inc., the general partner of a chemical manufacturer (Wilmington, DE)
  • Lead defense counsel for major factor and its factoring clients sued in significant preference litigation filed in the Factory 2-U bankruptcy cases (Wilmington, DE)
  • Lead counsel for secured lender in Signature Aluminum Chapter 7 case (Wilmington, DE)
  • Delaware counsel for major noteholders in bank holding company Washington Mutual, Inc. Chapter 11 case (Wilmington, DE)
  • Delaware counsel for indenture trustee in bank holding company Downey Financial Corp. Chapter 7 case (Wilmington, DE)
  • Lead counsel for asset purchaser (a major pharmaceutical company) in Comprehensive Clinical Development Chapter 11 cases (Fort Lauderdale, FL)
  • Lead counsel for major pharmaceutical company in efforts to retrieve its property in PRACS Chapter 7 cases (San Antonio, TX)
  • Lead counsel for credit card processor in connection with assumption and assignment of contracts in Tully’s Chapter 11 case (Seattle, WA)
  • National bankruptcy counsel for major software company, primarily in connection with executory contract issues, prosecution of claims and defense of preference litigation

News & Views

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  • Bankruptcy/Restructuring Law, listed in Chambers USA



  • American Bankruptcy Institute
Professional Activities

Mr. DeBaecke is a member of the American Bankruptcy Institute and has served on the Delaware Local Bankruptcy Rules Committee. Mr. DeBaecke is a past chair of the new lawyers section of the bankruptcy section of the Delaware State Bar. Mr. DeBaecke has coached fifth and sixth grade boys basketball and his daughters' softball teams and is an avid tennis player.



  • Pennsylvania
  • United States Court of Appeals for the Third Circuit
  • U.S. District Court - Eastern District of Pennsylvania
  • Delaware
  • U.S. District Court - Delaware


  • St. Joseph's University, BA
  • College of William & Mary, Marshall-Wythe School of Law, JD