Bob Miller’s practice focuses on distressed business situations of all kinds, including chapter 11 restructurings, non-bankruptcy workouts, turnarounds, and distressed company mergers and acquisitions.  Mr. Miller regularly represents institutional lenders, companies in distress, fiduciaries (trustees and examiners), other key constituencies in chapter 11 cases, as well as buyers and sellers of distressed debt.

Mr. Miller has served as lead counsel on behalf of secured lenders in a number of high profile cases.  Since 2007 alone, he has served as legal advisor for lenders on debt obligations of $3.0+ billion secured by various kinds of commercial real estate.  He has served as lead counsel for various chapter 11 debtors, including a number of public reporting companies.  He regularly advises corporate boards on their fiduciary obligations in the zone of insolvency and in restructurings.

Mr. Miller regularly serves as trial and appellate counsel with regard to nearly all forms of litigation related to insolvent companies, including plan confirmation and stay relief litigation, fraudulent transfer and preference litigation, lender liability disputes, and other kinds of litigation related to debtor-creditor relations.

Select Representations

• Collateral agent and secured creditor counsel in chapter 11 filing of $1b+ revenue grocery store retailer
• Bank counsel in successful non-bankruptcy restructuring of $500mm in debt secured by 24 commercial real property located throughout the United States
• Bank counsel in successful chapter 11 restructuring and disposition of $250mm in debt secured by multiple commercial properties located in southwest United States
• Lender's counsel in multiple bankruptcies and windups involving $1b+ in portfolio of timeshare receivables and related assets located in the United States and Mexico
• Debtor's counsel for IFCI, Inc., a publicly held telecommunications firm, sold through section 363 process in 90 days ($200mm senior secured debt facility)
• Debtor's counsel to PFP Holdings, Inc., an Arizona homebuilder, sold through section 363 process in 120 days ($120mm senior secured debt facility, $50mm subordinated debt facility)
• Trial and appellate counsel to examiner with expanded powers in GTI, Inc., a concrete aggregate supplier; sold assets and recovered $2.5mm+ from secured lender through fraudulent transfer and surcharge litigation and related successful appeals
• Counsel for national contractor and financing affiliate in successful non-bankruptcy restructuring of helicopter manufacturer, resulting in issuance of new senior and subordinated debt, and client's purchase and licensing of key technology

Bar and Court Admissions

Arizona, 1990

United States Court of Appeals for the Ninth Circuit

United States District Court for the District of Arizona

Admitted pro hac vice in numerous jurisdictions throughout the United States

Education

University of Oklahoma, J.D., highest honors, 1990

Certified Public Accountant, 1978-1990

University of Oklahoma, M.B.A., 1986

Central Michigan University, B.S., 1982

Publications

Mr. Miller has wrote extensively on insolvency topics.  He is a Contributing Author for Norton Bankruptcy Law and Practice.  Here is a list of his more significant articles: 

• How Much For How Long: Chapter 11 Cramdown Term and Interest Rates, American Bankruptcy Institute Spring Meeting, April 2011
• Best Practices for Distressed Company Workouts, Aspatore Books, May 2008
• Nondelegable Contracts Under Bankruptcy Code § 365(c) and the Financially Troubled Franchisee, Norton Bankr. L. Adv., December 1999
• Franchise Cases Require Careful Strategic Planning – a Krystal Clear Lesson, Norton Bankr. L. Adv., September 1999
• "Insecurity" in Secured Transactions – the Frailty of Related-Party Guaranties and Other Security Devices, Norton Bankr. L. Adv.,October 1998
• Mass Torts In Bankruptcy, Norton Annual Survey of Bankr. Law, 1996-97
• Enforcement Of Covenants Not To Compete, Norton Annual Survey of Bankr. Law, 1995-96
• The Impact of Executory Contract Rejection and Discharge Upon the Enforcement of a Covenant Not to Compete Against a Debtor, Norton Bankr. L. Adv., 1994
• Franchise Bankruptcies, Norton Bankr. L. & Prac. 2d, Clark Boardman Callaghan, 1994  
• Environmental Bankruptcy Cases, Queenan, Hendel & Hillinger, Chapter 11: Theory & Practice, Chapter 26, LRP Publications, 1994

Speeches and Seminars

Mr. Miller has lectured on a wide range of commercial bankruptcy topics for the American Bar Association, the Turnaround Management Association, the American Bar Association, other national, and state and local organizations. Here is a list of select speaking engagements:

• Bankruptcy and Restructuring:  The Latest Trends and What's Ahead, The Knowledge Group Webinar, January 25, 2013
• Fundamental Skills Track:  Confirmation Basics, 20th Annual American Bankruptcy Institute Southwest Bankruptcy Conference, September 2012
• What You Need to Know to Market Appraisal Services to Attorneys, Appraisal Institute 2012 Annual Meeting, August 2012
• An Interactive Discussion:  Got Milk?, 2012 Turnaround Management Association Western Regional Conference, July 2012
• Key Bankruptcy Issues for Valuation Consultants, Appraisal Institute 2011 Annual Meeting, August 2011
• Local Governments in Financial Distress – Workouts, Chapter 9 and Other Reponses, Turnaround Management Association, July 2011
• How Much For How Long: Chapter 11 Cramdown Term and Interest Rates, American Bankruptcy Institute Spring Meeting, April 2011
• Real Estate Reorganizations Hot Issues in Distressed Real Estate Deals Annual Midwestern Bankruptcy Institute, October 2010
• Trading Your Plunder – How to Maximize Value of Your Distressed Assets, Turnaround Management Association, July 2010
• Tsunami or Ripple:  Will the Distressed Real Estate Wave Ever Hit?, 26th Annual Bankruptcy & Restructuring Conference, Association of Insolvency & Restructuring Advisors, June 2010
• Liquidating Trusts, Norton Institutes on Bankruptcy Law, February 2009
• Trustee’s, Examiners and Other Alternatives, Turnaround Management Association, April 27, 2006
• Drafting Executory Contracts and Leases to Limit the Impact of Bankruptcy on the Non-Debtor Party, ABA Business Law Section, March 23 – 26, 2000

Professional Affiliations

• American Bar Association
• American Bankruptcy Institute
• Turnaround Management Association

Civic Involvement and Honors

• AB Top Lawyers - Arizona Business Magazine, Bankruptcy (2008-2011) and Banking Law (2010-2011)
• Arizona Science Center - Board of Trustees
• Greater Phoenix Convention & Visitors’ Bureau – General Counsel, Executive Committee Member
• Southwest Super Lawyers, 2010-2013
• The Best Lawyers in America, Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law, 2010-2013
• University of Oklahoma – Order of the Coif, Managing Editor, Oklahoma Law Review