Mr John R. ("Jack") Miller Jr., Attorney

Practice Description:

Jack specializes in representing both small and large businesses who are debtors or creditors in corporate workouts, financial reorganizations and in business bankruptcies under Chapter 7, 11 and 12 of the Bankruptcy Code. Jack has also represented official committees of creditors in Chapter 11 bankruptcy cases. Jack also defends parties in bankruptcy litigation matters, including preference and fraudulent transfer actions. Jack assists companies that are in financial distress with restructuring their secured and unsecured debts either inside or outside of a business bankruptcy proceeding, as circumstances warrant, including through asset sales. Jack's business litigation practice includes cases involving collection of outstanding indebtedness as well as breach of contract cases.

Representative Matters:

Bankruptcies

In re: Delta Mills, Inc., et al. (Bankruptcy Court, District of Delaware, 06-11144) - Represented Debtors in the Chapter 11 liquidation of their textile manufacturing business, including the sale of millions of dollars in inventory and three former manufacturing facilities, obtaining confirmation of a liquidating plan.

In re: My Personal Best, Inc. (Bankruptcy Court, Western District of North Carolina, 06-31686) - Represented Debtor in the Chapter 7 liquidation of its six retail clothing stores, located throughout North and South Carolina, including negotiations with franchiser regarding various issues.

In re: Plej's Linen Supermarket SoEast Stores, LLC, et al. (Bankruptcy Court, Western District of North Carolina, 04-31383) - Represented the Debtor in obtaining a confirmed Chapter 11 plan of reorganization for a regional retailer of linens and home accessories with approximately 38 stores.

In re: J.A. Jones, Inc., et al. (Bankruptcy Court, Western District of North Carolina, 03-33532) - Served as local counsel to the Creditors Committee in a case involving a large construction conglomerate in their Chapter 11 liquidation.

In re: The Thaxton Group, Inc., et al. (Bankruptcy Court, District of Delaware, 03-13183) - Represented thirty-one related debtors in the orderly liquidation of the assets of selected debtors and in reorganizing the consumer finance business of other debtors through a confirmed Chapter 11 plan of reorganization.

In re: Homegold, Inc.and HomeGold Financial, Inc. (Bankruptcy Court, District of South Carolina, 03-3864 and 03-3865) - Representation of a publicly traded holding company with a wholly owned subsidiary that operated as a specialty finance company primarily engaged in the business of originating, selling, and servicing sub-prime first and second-lien residential mortgage loan products and in obtaining confirmation of a joint Chapter 11 plan with a related debtor.

In re: Oakwood Homes, Inc., et al. (Bankruptcy Court, District of Delaware, 02-13396) - Represented publicly held manufactured housing company and various subsidiaries in reorganization through plan sale to competitor.

Other Representations

Represented a North Carolina municipality in a dispute with a large corporate debtor regarding tax assessments (INCLUDE?).

Represented the receiver in a pending state court proceeding alleging massive fraud and unfair and deceptive trade practices against the receivership entities' former insiders (INCLUDE?).

Represented former officers of a bankrupt corporation in the corporation's bankruptcy proceeding, including negotiations with the Debtor and creditors' committee.

Advised a part owner of a construction company in the sale of his ownership interest to his business partner.

Advised numerous creditors in various bankruptcy proceedings with respect to their rights against the debtor and bankruptcy estate in such proceedings.

Represent numerous homebuilders and developers in negotiations regarding workout and potential restructuring of secured loans, lien claimant disputes and various associated litigation.

Represented senior secured lender in a single asset bankruptcy proceeding, obtaining relief from stay to allow the lender to pursue foreclosure.