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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.  He often advises clients on a wide range of commercial disputes.  He also regularly represents private equity firms in various transactional matters and in commercial disputes. 

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 counsel for lenders on debt obligations of $5.0+ billion secured by various kinds of commercial assets.  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.

Civic Involvement & Honors

    • The Best Lawyers in America, Bankruptcy Litigation and Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law, 2010-2018
    • Martindale Hubbell, AV Preeminent and Top Rated Banking & Finance Lawyer
    • Southwest Super Lawyers, 2010-2017
    • Arizona Science Center - Board of Trustees
    • VisitPhoenix – Treasurer, Executive Committee Member
    • Southwest Super Lawyers, 2010-2017
    • Arizona Science Center - Board of Trustees
    • VisitPhoenix – Treasurer, Executive Committee Member
    • VisitPhoenix – Treasurer, Executive Committee Member
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Professional Affiliations

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

  • Chapter 11 trustee’s general counsel in Frontier cases involving 150+ quick service food (QSR) franchise system; successful section 363 sale of entire system in approximately 120 days
  • Lead counsel for chapter 11 debtor in Delaware – computer (tablet) hardware manufacturer; successful expedited section 363 sale of substantially all assets
  • Collateral agent and secured creditor counsel in chapter 11 filing of $1b+ revenue grocery store retailer
  • Administrative agent’s counsel in windup of nationwide retailer in simultaneous proceedings pending in Canada and Delaware
  • 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

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: 

  • Co-author, 'Single Asset Real Estate': A Concept in Need of Redefinition, American Bankruptcy Institute Journal, January 2014
  • 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

Speaking Engagements

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:

  • Navigating Section 552:  Pre-Petition Security Interests In Proceeds, American Bankruptcy Institute Spring Meeting, April 2018.
  • Recovering and Protecting Legal Fees in Bankruptcy: A Real Gamble!, American Bankruptcy Institute, 24th Annual Southwest Bankruptcy Conference, September 2016 
  • Commercial Loan Workouts In An Increasingly Complex Regulatory Environment, Turnaround Management Association, 8th Annual Western Regional Conference, July 2016
  • Valuation Issues in Commercial Bankruptcy Cases, Southern California Chapter of the Appraisal Institute, July 12, 2016
  • Distressed M&A, Association of Corporate Counsel, Arizona Chapter, February 11, 2015
  •  Triangular Article 9 Sales:  An Underutilized Alternative to Section 363 Sales,Turnaround Management Association, 6th Annual Western Regional Conference, July 2014
  •  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