W. Timothy Miller
"Described as 'an enormously practical, brilliant and hard-working lawyer,' Timothy Miller . . . is expert in distressed M&A cases and assignments for manufacturing clients."(Client comments reported by Chambers USA America's Leading Business Lawyers, 2009 Edition)
Tim Miller joined the firm in 1992 and became a partner in 2001. He is certified by the American Board of Certification in Business Bankruptcy Law and has extensive experience representing corporate debtors, official and unofficial creditors committees, financial institutions, trade creditors, investment funds and commercial real estate and equipment lessors in all aspects of complex Chapter 11 business bankruptcies and out-of-court restructurings. In addition, he has worked with derivatives, including interest rate swaps and repurchase agreements. Tim received a Bachelor of Music degree, cum laude, from DePauw University in 1989, with a double major in music and economics/management. He received his Doctor of Law degree from Cornell Law School in May of 1992. While at Cornell, he was selected to serve on the board of editors of Cornell Law Review. Tim is a member of the Cincinnati Bar Association, the Ohio State Bar Association, the American Bankruptcy Institute, the International Association of Restructuring, Insolvency and Bankruptcy Professionals and the Tri-State Association for Corporate Renewal. In 2009 he was appointed to the Rules Committee for the U.S. Bankruptcy Court for the Southern District of Ohio, and he currently serves on the Cincinnati Bar Association’s Bankruptcy Judicial Liaison Committee. Tim is listed in the 2006 through 2011 editions of Chambers USA: America’s Leading Lawyers for Business, published by Chambers and Partners, the 2006 through 2012 editions of The Best Lawyers in America, published by Woodward/White, Inc., and has been named by Cincinnati Magazine as a Super Lawyer from 2005 through 2011.
Tim’s significant debtor representations include: In re Infotelecom, LLC (N.D. Ohio), a competitive local exchange carrier specializing in Voice over Internet Protocol telecommunications services; In re New Creative Enterprises, Inc. (S.D. Ohio), involving the Section 363 sale of a national designer and wholesaler of garden decore and gift products; In re Kennedy Manufacturing Company, et al. (N.D. Ohio), the Chapter 11 reorganization of a national manufacturer of industrial and medical tool storage components; In re Center Apartments, Limited, et al. (S.D. Ohio), the Chapter 11 reorganization of 28 separate debtors comprising the largest private provider of affordable housing in Cincinnati; and In re Cincinnati Entertainment Associates, Ltd, et al. (S.D. Ohio), involving the Section 363 sale of a 17,500-seat arena located on the Cincinnati riverfront and the Cincinnati Cyclones hockey team.
Tim’s significant official and unofficial committee representations include: the official committees in In re Milacron, Inc. et al. (S.D. Ohio), an international solutions provider to the plastics-processing industry and a leading supplier of premium industrial fluids to metal working industries; In re the Antioch Company, et al. (S.D. Ohio), an international manufacturer and direct sale distributor of “Creative Memory” scrap-booking products; In re Russell Cave Company f/k/a The J. Peterman Company (E.D. Ky), an international, specialty clothing and hard goods retailer; and an unofficial group of 60 former AmeriStop gas station and convenience store franchisees in In re Petro Acquisitions, Inc., et al. (S.D. Ohio). In connection with the Antioch case, Tim currently serves as the post-confirmation Litigation Trustee of a Trust set up to investigate and pursue claims against the debtor’s former officers, directors and advisors.
Tim’s significant factor and secured creditor representations include: the pre-petition factor and post-petition debtor-in-possession lender in In re Trinsic, Inc. et al. (S.D. Ala.), a competitive local exchange carrier providing integrated telecommunications services to subscribers throughout the United States; the prep-petition factor in In re Cordia Communications, Inc. (M.D. Fla.), a competitive local exchange carrier licensed to operate in 27 states; the first mortgage holder and subsequent purchaser of all of the debtor’s assets in In re Old Town Apartments, Ltd., d/b/a 4th & Plum Apartments (S.D. Ohio), a 193-unit upscale apartment complex in downtown Cincinnati; the pre-petition secured lender/majority shareholder and post-petition debtor-in-possession lender in In re MSHOW.com, Inc. (D. Colo.), an internet communications service provider offering web-meeting, web-conferencing, and interactive broadcasting events to customers worldwide.
Tim’s significant representations in connection with distressed asset acquisitions include: on the “buy-side,” 60 separate purchasers of leasehold interests and related gas station and convenience store assets from Ohio Valley AFM, Inc. (S.D. Ohio), franchisor of AmeriStop convenience stores located throughout Ohio, Kentucky, Indiana and Virginia; the purchasers of substantially all of the assets from the bankruptcy estates of Globalstar Communications, L.P. and its subsidiaries (D. Del.), an international provider of satellite telecommunications services; the purchasers of scheduled assets in excess of $1 billion from the bankruptcy estates of e.spire Communications, Inc. and its subsidiaries (D. Del.), a facilities-based, integrated telecommunications provider and competitive local exchange carrier with operations in 28 metropolitan markets; and on the “sell-side,” successful Section 363 sales of the inventory and intellectual property of New Creative Enterprises, Inc. and a 17,500-seat arena for Cincinnati Entertainment Associates; and the successful UCC Article 9 sale of substantially all of the assets of Resolve Staffing, a national provider of outsourced human resource services.
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