Dennis D. Miller

Dennis D. Miller

Attorney Profile

Top Rated Bankruptcy Attorney in San Francisco, CA

Lubin Olson & Niewiadomski LLP
 | 600 Montgomery Street, 14th Floor, San Francisco, CA 94111
Phone: 415-981-0550
Fax: 415-981-4343
Selected to Super Lawyers: 2010 - 2019
Licensed Since: 1988
Practice Areas:
  • Bankruptcy: Business (60%),
  • Real Estate: Business (30%),
  • Creditor Debtor Rights: Business (10%)
Attorney Profile

Dennis D. Miller is a partner at Lubin Olson & Niewiadomski, LLP representing financial institutions primarily in real estate secured loans involving litigation and bankruptcy cases.  He also represents commercial landlords in complex reorganization bankruptcy cases and in litigation matters.  His bankruptcy practice includes representing clients in Chapter 11 cases in bankruptcy courts in New York, Delaware, California, Arizona, and Nevada. He also represents financial institutions and landlords in both state and federal appellate courts.  Dennis also has extensive experience representing clients on matters involving real estate workouts, foreclosure law, and enforcement of judgments. He is a former President of the Bay Area Bankruptcy Forum and the California Receivers Forum, Bay Area Chapter. Dennis was Conference Co-chair for the 2015 California Bankruptcy Forum Conference and is now Conference Co-Chair for the Conference for 2019. He is currently on the United States Bankruptcy Court, Northern District of California Bench Bar Liason Committee.

About Dennis Miller

Admitted: 1988, California

Professional Webpage: http://www.lubinolson.com/our-lawyers/Dennis_Miller/

Bar/Professional Activity:

  • President, California Receivers Forum, Northern California Chapter 2008-2009; President of the Bay Area Bankruptcy Forum 2010-2011;Board of Directors for the California Bankrupty Forum; Conference Co-Chair for California Bankruptcy Forum 2015 Conference; Mediator for the United States Bankruptcy Court, Northern District of California, Bankruptcy Dispute Panel and the Marin Superior Court; Conference Co-Chair for the 2019 California Bankruptcy Forum Conference

Pro bono/Community Service:

  • Partner in charge of Firm's participation in the annual Food from the Bar fundraiser to benefit the San Francisco Food Bank.

Scholarly Lectures/Writings:

  • Frequent speaker on bankruptcy topics and enforcing creditors' rights for Lorman Seminars and NBI, Inc. from 2004 through 2010. Speaker on Receivership 201-receivership issues for 2010 and beyond, March 2010, presented at the California Receivers' Forum, Northern California Chapter and Speaker at the 2011 California Bankruptcy Forum-Receivership Program-Receiverships and Real Estate.  Designed and prepared the written materials and spoke at two presentations of Fundamentals of Trial Practice and Presentation of Evidence for the Northern District of California Bankruptcy Court in 2012.

Verdicts/Settlements:

  • In 2010, a Chapter 11 corporate debtor commenced an action against a lender represented by Dennis in state court.  In 2015, when the Chapter 11 case was converted to Chapter 7 and a settlement agreement was reached with the Chapter 7 Trustee, the debtor's principal sought to compel his joinder in the state court litigation.  The state court denied his two motions and the principal appealed. Dennis represented the lender in the appellate briefing and oral argument.  the Court of Appeal affirmed the state court orders denying the principal's joinder motions., 2018
  • In 2012, Dennis Miller recovered almost $100 million for his clients, primarily through Chapter 11 bankrupty cases. Dennis recovered $64.750 million in a single asset Chapter 11 case representing a real estate secured lender, which included the recovery of default interest and attorneys' fees and costs. A recovery of $16.850 million was also obtained representing a junior secured lender in a Chapter 11 case via a negotiated complex real estate sale and global settlement. Including asset recovery in 2012, the total cash and asset recovery exceeded $100 milion. Dennis Miller represented one of the three landlords in the Solyndra Chapter 11 case in the Delaware Bankruptcy Court in 2012. In 2013-2014, Dennis successfully defended a lender sued in bankruptcy court for avoidance recovery of $850,000, limiting the Chapter 7 Trustee's recovery to just over $25,000.

Transactions:

  • Dennis Miller represented the purchaser of the Oakland Tribune Tower for just over $20 million out of a state court receivership. After the client became the successful bidder and having the offer approved by the Alameda Superior Court, the defendant sought to stop the sale by, among other things, filing a quiet title action, seeking a writ of mandate and putting the owner in a Chapter 11 case.  All such efforts were denied, and in December 2016, the sale closed and the client took title to the Tribune Tower., 2016
  • Dennis represents a lender seeking to enforce a judgment for over $5 million against an individual. Following the appointment of a receiver and the charging of the individual's LLC membership interest, several years later financial inconsistencies of the individual's LLC transactions were discovered.  Dennis sought to expand the receiver's discovery authority and the Superior Court granted that motion.  Defendants appealed on multiple grounds and Dennis represented the lender on appeal. The Court of Appeal elected to treat the appeal as a writ application.  After briefing and oral argument, the Court of Apppeal summmarily denied the defendants' writ of mandate affirming the expanded receiver discovery order. The defendant is now in a Chapter 11 bankruptcy case in the Middle District of Florida, where Dennis serves as co-counsel to the judgment lender., 2017
  • Dennis represented William Hambrecht defending against a former UFL coach, Dennis Green, who sought to add Hambrecht as an alter ego judgment debtor. After extended briefing and oral argument, the judgment creditor's motion to add Hambrecht as an additionial judgement debtor was denied.  While not representing Hambrecht on appeal, the order denying Green's alter ego motion was affirmed., 2015
  • Represented purchaser of multiple apartment buildings from jointly administered debtors through negotiations and a confirmed Chapter 11 plan, 2011
  • In 2007, Dennis Milller began representing a secured lender on a failed real estate development in Northern California. Initially, the borrower filed Chapter 11 to stop the lender's foreclosure, however ultimately the remaining homes were sold and the lender received the proceeds.  In 2010, the borrower commenced a state court action against the lender asserting numerous causes of action and alleging millions in damages. After extended initial pleadings, the borrower's complaint was reduced to three causes of action. In 2015, lender sucessfully converted the Chapter 11 case to Chapter 7 and settled the state court litigation with the Chapter 7 Trustee providing for dismissal of the state court case. Several creditors, including debtor's principal, appealed both the order converting the Chapter 11 case to Chapter 7 and the lender-Trustee settlement order to the United States District Court, Northern District of California. Dennis represented the lender in both appeals. Ultimately the District Court affirmed the Bankruptcy Court orders converting the case to Chapter 7 and approving the lender-Trustee settlement agreement., 2015

Educational Background:

  • Ph.D-Chemistry Cornell 1983:B.S.Biology University of California at Irvine 1978:B.A. Chemistry, University of California at Irvine 1978

Industry Groups

  • Bay Area Bankruptcy Forum-Bay Area Chapter
  • California Bankruptcy Forum
  • California Receivers Forum
  • Turnaround Managers Association
Office Location for Dennis D. Miller

600 Montgomery Street, 14th Floor
San Francisco, CA 94111

Dennis D. Miller:

Last Updated: 2/21/2019

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