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BNA Insights: Bankruptcy Law
Nick Miller discusses bankruptcy strategy recently used by real estate developers in an effort to retain their underwater properties and a recent court decision that provides protection to secured lenders opposing those efforts.

 

 

 

Nicholas M. Miller

Partner
nmiller@nge.com
T: (312) 269-5654
F: (312) 980-0789

Nicholas M. Miller has more than 19 years of experience helping clients protect assets that have been threatened by financial distress. Those clients include troubled businesses, their secured and unsecured creditors (including banks and other lenders, bondholders, indenture trustees, and official committees of unsecured creditors), and distressed investors and asset purchasers. Most of his engagements involve actual or contemplated chapter 11 bankruptcy proceedings.

Nick has experience with both large and small companies, but his focus is on the middle market. His work has spanned a broad range of industries, including gaming, hospitality, health care, financial services, real estate, retail, automotive, manufacturing, media, broadband communications, and electronic imaging technology.

Nick has been recognized for his work by clients and peers alike, as well as by a number of professional organizations within the insolvency industry. He serves in a number of leadership roles within those organizations.

Among other honors, Nick has been certified since 2008 as a Business Bankruptcy Specialist by the American Board of Certification — a distinction achieved by select professionals who have met rigorous, objective certification standards relating to experience, continuing legal education, integrity and peer review, and who have demonstrated a sophisticated understanding of business bankruptcy law. He currently serves on that organization’s board of directors, and he is also a member of its Standards Committee.

Nick also received the Turnaround Management Association (TMA) national 2010 Mid-Size Transaction of the Year Award, as well as the national and regional 2013 Small Company Turnaround of Year Award. These awards honor and recognize professionals who led transactions that, according to the TMA, “rescued companies from the shadow of complete ruin.”  He currently serves as President-elect of the TMA’s Chicago/Midwest Chapter.

In addition, Nick also has been recognized as a leader in Chambers USA: America’s Leading Lawyers for Business (recommended in Bankruptcy/Restructuring) since 2014. According to the survey, clients call him “very knowledgeable,” "very comprehensive," "thorough, organized" and "terrific," and note that his "follow up is unparalleled."

Nick has been Peer Review Rated as AV® Preeminent™ (5.0 out of 5), which is the highest performance rating in Martindale-Hubbell’s peer review rating system. According to the survey, his peers describe him as:  “one of the most sophisticated bankruptcy attorneys I have ever met”; “a leader in his field, well regarded, and very talented”; “an exceptional lawyer who takes an uncommon sense of ownership over his matters”; “has the ethics and demeanor to handle the toughest adversarial situations and win for the client”; “unquestionable integrity”; “very knowledgeable about the law, which allows him to come up with creative and practical solutions”; and “a real pro.”

Nick also has been selected as a Super Lawyer from 2013-2017 by Super Lawyers magazine (including as a Top 100 Attorney in Illinois).

In addition to the work described above, Nick also has provided a substantial amount of pro bono legal services to a number of clients over the years.

While in law school, Nick was a member of the Moot Court Board of Governors, the Law Review, and the Journal of Law & Health.

Nick currently serves on the board of directors of Partnership to Educate and Advance Kids (PEAK). PEAK’s mission is to provide opportunities for Chicago’s at-risk youth to achieve academic and personal success through a quality, values-based education and the guidance of caring adult mentors.

Professional Affiliations:

  • Board Member and member of Standards Committee, American Board of Certification (2013-present)
  • Advisory Board Member of the ABI Central States Bankruptcy Workshop (2016-2017)
  • American Bankruptcy Institute (Financial Advisors and Investment Banking, Secured Credit, and Unsecured Trade Creditors Committees)
  • Turnaround Management Association (President-elect of Chicago/Midwest Chapter)
  • American Bar Association (Business Law Section and Bankruptcy & Litigation Committee)
  • Illinois Bar Association
  • Trial Bar, United States District Court for the Northern District of Illinois

Civic/Charitable Affiliations:

  • Board Member (Vice Chair), Partnership to Educate and Advance Kids (PEAK) (2013-present)
  • Cleveland Bar Fellow (2002-2009)
  • Trustee, Cleveland Bar Association (2002-2003)

Externships:

  • Honorable Donald C. Nugent, United States District Court, Northern District of Ohio, 1997

Education

  • Cleveland-Marshall College of Law (J.D., 1998), cum laude
  • Cleveland State University (B.A., 1995), summa cum laude

Bar Admissions

  • Ohio, 1998
  • Illinois, 2008

Court Admissions

  • U.S. District Court for the Northern District of Ohio, 1999
  • U.S. Court of Appeals for the Sixth Circuit, 2006
  • U.S. District Court for the Northern District of Illinois, 2008
  • U.S. District Court for the Central District of Illinois, 2008
  • U.S. Court of Appeals for the Seventh Circuit, 2011
  • U.S. District Court for the Eastern District of Wisconsin, 2013
  • U.S. Supreme Court, 2015
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