Misener, Gregory R.

Practice Description:

Jack specializes in representing both small and large businesses who are debtors or creditors in corporate workouts, financial reorganizations and in business bankruptcies under Chapter 7, 11 and 12 of the Bankruptcy Code. Jack has also represented official committees of creditors in Chapter 11 bankruptcy cases. Jack defends parties in bankruptcy litigation matters, including preference and fraudulent transfer actions and assists companies that are in financial distress with restructuring their secured and unsecured debts either inside or outside of a business bankruptcy proceeding, as circumstances warrant, including through asset sales.

Representative Matters:

Bankruptcies

In re: Mountain Island Promenade, LLC (Bankruptcy Court, Western District of North Carolina, 11-30945) - 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 (Bankruptcy Court, Western District of North Carolina, 10-32146) - 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. (Bankruptcy Court, Western District of North Carolina, 10-31607) - Debtors' counsel in absetos claims-driven bankruptcy of global gasket and packing manufacturer.

In re: Landcraft Management, LLC and related cases (Bankruptcy Court, Eastern District of North Carolina) - Represented residential real property developer in approximately fifteen bankruptcy cases of the developer's individual developments. 

In re: Delta Mills, Inc., et al. (Bankruptcy Court, District of Delaware, 06-11144) - Represented Debtors in the Chapter 11 liquidation of their textile manufacturing business, including the sale of millions of dollars in inventory and three former manufacturing facilities, obtaining confirmation of a liquidating plan.

In re: Plej's Linen Supermarket SoEast Stores, LLC, et al. (Bankruptcy Court, Western District of North Carolina, 04-31383) - Represented the Debtor in obtaining a confirmed Chapter 11 plan of reorganization for a regional retailer of linens and home accessories with approximately 38 stores.

In re: J.A. Jones, Inc., et al. (Bankruptcy Court, Western District of North Carolina, 03-33532) - Served as local counsel to the Creditors Committee in a case involving a large construction conglomerate in their Chapter 11 liquidation.

Other Representations

Represented multiple residential and commercial developers in negotiations with secured lenders and other matters. 

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.