Robert W. Miller

Principal
Location:
Nashville, Tennessee
Phone:
615-742-9320
Fax:
615-242-4203
Email:

Robert W. Miller is a principal with Manier & Herod practicing primarily in the areas of bankruptcy law, restructuring, surety law, and commercial litigation.

Mr. Miller maintains a broad-based bankruptcy and insolvency practice.  Mr. Miller represents debtors, chapter 11 trustees, chapter 7 trustees, and receivers in federal and state courts throughout the southeast.  He has also represented creditors in many recent “mega” bankruptcy cases locally, nationally, and internationally, including Vanguard Healthcare, LLC, Genon Energy, Inc., ITT Tech, Inc., PES Holdings, LLC, Payless Holdings LLC, SunEdison, Inc., Peabody Energy Corporation, and Abengoa, S.A.  Outside of bankruptcy, Mr. Miller has transactional experience negotiating and documenting out-of-court workouts and restructurings.  Mr. Miller also brings the perspective of a former law clerk to his representations as he previously served as a judicial clerk for the Honorable William L. Stocks, United States Bankruptcy Judge for the Middle District of North Carolina.

In 2008, Mr. Miller graduated cum laude from the University of Rochester, where he received a Bachelor of Arts in Political Science and History. Mr. Miller received his Juris Doctor with honors from the Emory University School of Law in 2011. During law school, Mr. Miller was the Symposium Editor of the Emory Bankruptcy Developments Journal. 

Mr. Miller is active member of the bankruptcy bar.  He has written prolifically on current bankruptcy issues.  His articles have appeared in numerous journals and law reviews including the American Bankruptcy Law Journal, a journal peer-reviewed by federal bankruptcy judges. He is active in the Turnaround Management Association and the American Bankruptcy Institute. 

Practice Areas

  • Bankruptcy and Creditors’ Rights
  • Surety Law

Bar Admissions

  • Tennessee
  • North Carolina
  • U.S. District Court Middle District of North Carolina
  • U.S. District Court Western District of North Carolina
  • U.S. District Court Eastern District of North Carolina
  • U.S. District Court Middle District of Tennessee
  • U.S. District Court Western District of Tennessee
  • U.S. District Court Eastern District of Tennessee
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 6th Circuit

Education

  • Emory University School of Law, Atlanta, Georgia
    • J.D., with honors, 2011
  • University of Rochester
    • B.A., cum laude, 2008

Honors and Awards

National Conference of Bankruptcy Judges Next Generation Program

Published Works

  • Equitable Mootness: Ignorance is Bliss and Unconstitutional, 107 Ky. L. J. (forthcoming)
  • Nothing New: Consent, Forfeiture and Bankruptcy Court Final Judgments, 65 Drake L. Rev. 89 (2017)
  • Abengoa Sets the Stage for Future Disputes Concerning Recognition of Pre-Insolvency Proceedings Under Chapter 15, Am. Bankr. Inst. J. International Committee Newsletter (August 2016)
  • Everything Old is New Again: Why the In Rem Summary Jurisdiction of the 1898 Bankruptcy Act Still Limits the Constitutional Authority of Bankruptcy Judges, 89 Am. Bankr. L.J. 1 (2015)
  • Overtime for Estate Representatives Stepping into the Shoes of the U.S., 33 Am. Bankr. Inst. J., 24 (July 2014)
  • Dialing in the Scope of Chapter 15 Relief, 33 Am. Bankr. Inst. J., 42 (June 2013)
  • Fleshing Out the Skeleton: Defining the Prongs of Stern v. Marshall, 11 DePaul Bus. & Commercial L.J. 1 (2012)
  • Economic Integration: An American Solution to The Multinational Enterprise Group Conundrum, 11 Richmond J. of Global L. and Bus. 185 (2012)
  • Co-author, Rebuilding the Fallen House of Cards: The Bankruptcy Courts Should Require a Discounted Cash Flow Analysis as a Floor in Valuation Hearings to Value Mortgage Portfolios in Dysfunctional Markets, 4 J. of Bankr. L. and Pract. (2012)

Representative Cases

  • Collins v. Tennessee Department of Revenue, 555 B.R. 670 (W.D. Tenn. 2016)
  • Hanover Ins. Co. v. Cape Fear Paving, LLC, 531 B.R. 573 (E.D.N.C. 2015)
  • In re Acor, 510 B.R. 588 (Bankr. W.D. Tenn. 2014)
  • In re Living Hope Southeast, LLC, 509 B.R. 649 (Bankr. E.D. Ark. 2014)
  • In re Living Hope Southeast, LLC, 505 B.R. 237 (Bankr. E.D. Ark. 2014)

 

Classes/Seminars

  • Speaker “Discharge Issues in Individual Chapter 11 Cases”,  ABA Business Law Section Spring Meeting 2019
  • Speaker “Considerations for Multiple Avoidance Actions”, Annual Chapter 7 Trustee Seminar – Western District of Tennessee, 2017 
  • Speaker “Circuit Splits in Consumer and Business Bankruptcy”, ABA YLD Bankruptcy Committee Teleconference, 2015 

Professional Associations and Memberships

  • American Bankruptcy Institute
  • Nashville Bar Association
  • Turnaround Management Association