Robert Miller is a Shareholder in Buchalter’s Scottsdale office and member of the Insolvency & Financial Law practice group. Mr. Miller’s practice focuses on distressed business situations of all kinds, including chapter 11 restructurings, non-bankruptcy workouts, turnarounds, and distressed company mergers and acquisitions. His clients range from private equity firms, to institutional lenders, companies in distress, fiduciaries, and other key constituencies in chapter 11 cases, as well as buyers and sellers of distressed debt.

Mr. Miller has ample experience as lead counsel in high-profile cases, and has served as counsel for lenders on debt obligations of $10.0+ billion secured by various types of commercial assets. He often lends his counsel to corporate boards, advising on their fiduciary obligations in the zone of insolvency and in restructurings. Mr. Miller has also served as lead counsel for various chapter 11 debtors, including a number of public reporting companies.

With his trial and appellate experience including most forms of litigation pertaining to insolvent companies, he has also served as counsel in matters regarding plan confirmation and stay relief litigation, fraudulent transfer and preference litigation, lender liability disputes, and other kinds of litigation related to debtor-creditor relations.

Mr. Miller is a Martindale Hubbell, AV Preeminent and Top Rated Banking & Finance Lawyer, and has been recognized as one of the Best Lawyers in America in “Bankruptcy Litigation and Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law and Litigation”, from 2010-2025. He was also named a “Southwest Super Lawyer” from 2010-2023.

Bar Admissions

• Arizona

Education

• University of Oklahoma
• Central Michigan University

Significant Accomplishments
<ul><li>Chapter 11 trustee’s general counsel in <em>Frontier </em>cases involving 150+ quick service food (QSR) franchise system; successful section 363 sale of entire system in approximately 120 days</li><li>Lead counsel for chapter 11 debtor in Delaware – computer (tablet) hardware manufacturer; successful expedited section 363 sale of substantially all assets</li><li>Collateral agent and secured creditor counsel in chapter 11 filing of $1b+ revenue grocery store retailer</li><li>Administrative agent’s counsel in windup of nationwide retailer in simultaneous proceedings pending in Canada and Delaware</li><li>Bank counsel in successful non-bankruptcy restructuring of $500mm in debt secured by 24 commercial real estate projects located across the United States</li><li>Bank counsel in successful chapter 11 restructuring and disposition of $250mm in debt secured by multiple commercial properties located in southwest United States</li><li>Lender’s counsel in multiple bankruptcies and windups involving $1b+ in portfolio of timeshare receivables and related assets located in the United States and Mexico</li><li>Debtor’s counsel for IFCI, Inc., a publicly held telecommunications firm, sold through section 363 process in 90 days ($200mm senior secured debt facility)</li><li>Debtor’s counsel to PFP Holdings, Inc., an Arizona homebuilder, sold through section 363 process in 120 days ($120mm senior secured debt facility, $50mm subordinated debt facility)</li><li>Trial and appellate counsel to examiner with expanded powers in GTI, Inc., a concrete aggregate supplier; sold assets and recovered $2.5mm+ from secured lender through fraudulent transfer and surcharge litigation and related successful appeals</li><li>Counsel for national contractor and financing affiliate in successful non-bankruptcy restructuring of helicopter manufacturer, resulting in issuance of new senior and subordinated debt, and client’s purchase and licensing of key technology</li></ul>

• Corporate Mergers and Acquisitions – Where to Next?
• Environmental Bankruptcy Cases
• Nondelegable Contracts Under Bankruptcy Code § 365(c) and the Financially Troubled Franchisee
• Franchise Cases Require Careful Strategic Planning – a Krystal Clear Lesson
• “Insecurity” in Secured Transactions – the Frailty of Related-Party Guaranties and Other Security Devices
• Mass Torts In Bankruptcy
• Enforcement Of Covenants Not To Compete
• Franchise Bankruptcies
• The Impact of Executory Contract Rejection and Discharge Upon the Enforcement of a Covenant Not to Compete Against a Debtor
• ‘Single Asset Real Estate’: A Concept in Need of Redefinition
• How Much For How Long: Chapter 11 Cramdown Term and Interest Rates
• Best Practices for Distressed Company Workouts