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Practice Areas & Industries: Miller & Martin PLLC

 




Bankruptcy & Creditors' Rights Return to Practice Areas & Industries

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Practice/Industry Group Overview

In an age where lawyers and law firms are becoming increasingly specialized, bankruptcy and creditors' rights cases often require expertise in several disciplines, including the Bankruptcy Code, real property law, the Internal Revenue Code, state fraudulent conveyance law, the Uniform Commercial Code and federal and state laws affecting particular industries. At Miller & Martin, we draw on the expertise and experience of attorneys in over 30 practice areas and, when necessary and cost effective, create a team of attorneys capable of addressing the client's specific needs in the bankruptcy arena.

Firms with a bankruptcy practice often specialize and represent only debtors, creditors, committees or trustees. Although the majority of our practice involves the representation of creditors, the members of the Bankruptcy & Creditors' Rights Practice Group have substantial experience representing committees, bondholders, and trustees. This experience in bankruptcy and creditors' rights cases enables us to recommend to our clients potential courses of action which are legally sound and make business sense.

 

Services Available

Miller & Martin attorneys will effectively and quickly address any bankruptcy or creditors' rights issue that may affect you. Creditors need quick responses to unexpected filings, the ability to go to court to retrieve the collateral and the experience to know when to stop throwing good money after bad. They want to keep pre-bankruptcy payments they have received. Our attorneys strive to insure that recoveries are maximized and the length of time between the bankruptcy petition and cash distribution is minimized. Accomplishing these objectives requires experience, knowledge, diplomacy and aggressive dedication to turning a claim into cash.

Practice Group Strengths and Experience

  • Dispute Resolution--We have successfully tried complex commercial cases, we regularly assist our clients in resolving disputes through mediation, arbitration and judicial settlement conferences, and we have established a nationwide practice in bankruptcy cases for creditor clients.
  • Bankruptcy Sales--Since no contract with a debtor is safe until the court approves the sale, we assist in planning the strategy of a bidding war, obtaining protections to prevent one, and assuring that the assets are purchased free and clear of entanglements are essential ingredients to the representation of businesses interested in acquiring assets in bankruptcy.
  • Planning--We assist our clients in structuring their business transactions, workouts, and asset acquisitions to avoid, to the extent possible, unnecessary involvement in subsequent bankruptcy or receivership proceedings.

Representative Matters

  • Representation of financial institutions in the Chapter 11 confirmation process including objections to the disclosure statement, valuation hearings, negotiation of plan terms, objections to confirmation and elections under 11 U.S.C.§1111(b).
  • Representation of several large creditors on an unofficial creditors committee in Philadelphia in a Ponzi scheme case involving $75 million of recoveries for creditors.
  • Representation of world's largest Coca-Cola bottling company and several other producers of goods in all facets of troubled credits throughout the country, including preference defense, collections and committee representation.
  • Successful representation of nationwide firm specializing in value added information and fund transfer in defense of preference cases.