Jack Miller

As a bankruptcy and workout attorney at Rayburn Cooper & Durham, Jack Miller assists clients in crisis. After developing an understanding of a client’s business and the stressors and circumstances that brought the client to seek his help, Mr. Miller assists the client in developing and executing a plan to regain stability and give the client an opportunity for his business to thrive again. Sometimes that plan involves filing for bankruptcy protection, but often it involves out-of-court negotiations with creditors to develop an acceptable and sustainable plan to resolve the client’s debts.

Bar Admissions

North Carolina, 2002
U.S. District Court for the Western District of North Carolina
U.S. District Court for the Middle District of North Carolina
U.S. District Court for the Eastern District of North Carolina

Education

Wake Forest University School of Law, J.D., 2002
University of Virginia, B.A., 1997

Honors and Awards

Business North Carolina magazine’s “Legal Elite” (Bankruptcy), 2010, 2015, 2016, 2017
North Carolina Super Lawyers magazine’s “Rising Stars,” 2011-2013, 2015-2016, Super Lawyers 2017
Martindale-Hubbell, AV® Preeminent™ Peer Review Rated

Speaker

1111(b) Elections: North Carolina Bar Association Bankruptcy Section Annual Meeting, Asheville, North Carolina, November 2015

Obtaining or Preventing Third Party Releases and Injunctions: Western North Carolina Bankruptcy Seminar, Charlotte, North Carolina, May 2015

Bankruptcy for Real Estate Lawyers: North Carolina Bar Association Real Property Section Annual Meeting, Asheville, North Carolina, May 2013

Associations and Memberships

Bankruptcy Section of the North Carolina Bar Association
Bankruptcy Section Council Member, 2005-2008
American Bankruptcy Institute Member

Certifications

Certified Specialist in Business Bankruptcy Law, North Carolina State Bar Board of Legal Specialization, 2013-present

Certified Specialist in Business Bankruptcy Law, American Board of Certification, 2015-present

American Board of Certification badge

Community Service

Member, Board of Directors and Co-Chair of Government Committee of Monroe Road Advocates (MoRA)

Organizer, Free Wheelin’ Fridays Monroe Road Bike Commute

Announcer/”Starter”, Sardis Sharks Swim Team

 

Representative Matters

Bankruptcies

In re Kaiser Gypsum Corp., Case No. 16-31602 (U.S. Bankruptcy Court, Western District of North Carolina) – Local counsel to debtors in bankruptcy seeking to resolve asbestos and environmental liabilities.

In re Buel, Inc., Case No. 14-0026 (U.S. Bankruptcy Court, Western District of North Carolina) — Counsel to purchaser of substantially all assets of debtor trucking company.

In re WXZ/SG Acquisition, LLC, Case No. 12-10778 (U.S. Bankruptcy Court, Western District of North Carolina) — Counsel to debtor, a subsidiary of a Midwestern residential and commercial developer, in a confirmed Chapter 11 reorganization.

In re Mountain Island Promenade, LLC, Case No. 11-30945 (U.S. Bankruptcy Court, Western District of North Carolina) — Appointed as “conflicts trustee” in a case in which a single law firm represents multiple related bankrupt entities to oversee debtors’ proposed transactions and actions to ensure no preferential treatment provided to insiders.

In re Lane Punch Corporation, Case No. 10-32146 (U.S. Bankruptcy Court, Western District of North Carolina) — Counsel to Official Committee of Unsecured Creditors in bankruptcy of multi-state manufacturing firm, resulting in sale of the business as a going concern.

In re Garlock Sealing Technologies LLC, et al., Case No. 10-31607 (U.S. Bankruptcy Court, Western District of North Carolina) — Debtors’ counsel in asbestos claims-driven bankruptcy of global gasket and packing manufacturer.

 

Other Representations

Represented multiple residential and commercial developers and builders in negotiations with secured lenders and other matters, including refinancings and recapitalization.

Represented a North Carolina municipality in a dispute with a large corporate debtor regarding tax credits.

Represented the receiver in a pending state court proceeding alleging massive fraud and unfair and deceptive trade practices against the receivership entities’ former insiders.

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.

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

The cases mentioned above are illustrative of the matters handled by the firm. Case results depend upon a variety of factors unique to each case. Not all results are provided, and prior results do not guarantee a similar outcome.