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Robert Mercer

Partner
Email: [email protected]Robert M. Mercer
Direct: 404-688-6804
Mobile: 678-628-7439

Biography

Having been a partner for many years in the bankruptcy and restructuring group of a large international law firm, Robert has a bankruptcy and restructuring practice focused on high-dollar litigation and transactions.  While the scope of the clients Robert represents is broad, he is the only bankruptcy and insolvency attorney in Georgia--who has been selected for inclusion in Chambers USA’s Guide to America’s Leading Lawyers for Business and as a “Georgia Superlawyer” by Atlanta Magazine--practicing at a general practice law firm, which does not represent any national banks.  As such, Robert is able to represent clients in significant matters without the constraints often imposed by national bank client conflicts.  In addition, unlike most comparable bankruptcy and restructuring attorneys, in select high-stakes engagements, Robert is willing to represent clients on a contingency-fee basis.  Such engagements could include avoidance actions in connection with large leveraged buyouts, corporate governance disputes involving officers and directors for which there is a significant amount of D&O insurance, or large distressed M&A transactions.

Representative Engagements

In re Sea Island Company, et al. (Bankr. S.D. Ga.)—Counsel to the liquidation trustee in bankruptcy cases with over a billion dollars of debt.  As the United States District Court for the Southern District of Georgia recognized, the cases are “one of the largest filings in this District’s history.”  See McCrary v. Barnett (In re Sea Island Co.), 486 B.R. 559, 561 (S.D. Ga. 2013).

In re Printmasters Acquisition Corp., et al. (Bankr. N.D. Ga.)—Counsel for debtor printing companies located in Alabama.  Prevailed in expedited hearing on a multi-million dollar dispute involving the lack of perfection of the lender’s accounts receivable and inventory.

In re Verilink Corporation, et al. (Bankr. N.D. Ala.)—Debtors’ counsel to publicly traded companies that develop, manufacture, and market a broad range of telecom products and professional services.  Obtained confirmation of chapter 11 plan.

In re MetroHealth Indiana, Inc. (Bankr. N.D. Ga.)—Counsel to multi-facility nursing home chain located in Indiana.  Obtained confirmation of a chapter 11 plan.

In re Phillips Pet Food & Supplies, Inc. (Bankr. Mass.)—Counsel for a New York City based private equity fund in connection with buying substantially all of the debtor’s assets in a section 363 sale.

In re Formica Corp., et al. (Bankr. S.D.N.Y)—Counsel for largest carpet manufacturer in connection with its purchase of carpet manufacturing facility in a section 363 sale.

In re Alabama Aircraft Industries, Inc. (Bankr. D. Del)— Counsel to a Fortune 30 aircraft manufacturer in connection with, among other things, recovering numerous aircraft.

In re Morris Brown College (Bankr. N.D. Ga.)—Counsel to the indenture trustee as well as holder in obtaining a favorable settlement involving the sale of holder’s position.

In re Winder Renewable Methane, Inc. (Bankr. E.D. La.)—Counsel to a New York City hedge fund as secured lender in obtaining stay relief and dismissal of the chapter 11 case of a methane recovery plant within 45 days of the petition date.

In re Tattersall Club Corporation (Bankr. N.D. Ga.)—Counsel to secured lender in obtaining stay relief of golf club in less than 36 days of filing the motion.

In re Exclusive Resorts, Inc., et al. (Bankr. D. Conn.)—Counsel to defendants of an alleged fraudulent transfer seeking purported actual damages of $7 million connection with the foreclosure of a Belizean island.  Obtained a stay of the adversary proceeding based on the international comity of the courts doctrine.

In re Andersen 2000, Inc. (Bankr. N.D. Ga.)—Counsel to Fortune 100 manufacturer in multi-million dollar surety dispute.

In re Bland Farms (Bankr. S.D. Ga.)—Counsel to the prepetition and debtor-in-possession lender to the largest Vidalia onion grower.  Client was repaid in full including fees and interest.  Prevailed on district court appeal challenging lender’s cross collaterization resulting in only published decision from a court in the Eleventh Circuit  allowing cross collaterization.

In re West Jefferson Amusement and Public Park Authority (Bankr. N.D. Ala.)—Counsel to the indenture trustee of $90 million of municipal bonds.  Successfully opposed the prepetition appointment of a receiver by several large judgment holders.  Postpetiton represented the indenture trustee in what was then the largest chapter 9 case in Alabama history.

In re Catalyst Natural Gas, LLC, et al. (Bankr. N.D. Ga.)—Counsel to the official committee of unsecured creditors of energy marketer.  The committee’s investigation led to a pre-suit settlement with a natural gas vendor based on the seller’s operational and corporate governance control of the debtor in which the vendor gave up over a million dollars of its $5 million dollar secured claim.

In re Lynx Chemical Group, Inc. (Bankr. N.D. Ga.)—Counsel to the official committee of unsecured creditors for a specialty chemical manufacturer.  The committee’s investigation and challenge to the last-out lender’s loan led to a post-conversion settlement.

In re Pike Nursery Holding, Inc. (Bankr. N.D. Ga.)—Co-counsel to the official committee of unsecured creditors. 

Speaking Engagements and Publications

Moderator, "D&O Insurance Coverage: 'The Rest of the Story,'" 23rd Annual American Bankruptcy Institute Southeast Workshop, Amelia Island, Florida, July 27, 2018.

Robert Mercer & J. Zack Zimmerman, Fees-on-Fees Retention Provisions Might Be Circling Back This Way, Am. Bankr. Inst. Journal, Jan. 2018, at 52, 53.

Panelist, "Recharacterization of Debt to Equity and Equitable Subordination," Consumer and Business Bankruptcy Institute, Greensboro, Georgia, December 14, 2017.  (PDF)

Moderator, “Making Sure that Your D&O Policy Doesn't Fail You When Your Company Runs Aground!,” Atlanta TMA, Atlanta, Georgia, August 25, 2017.  (PDF)

Speaker, “When Words Really Matter; Understanding the Effect of Bankruptcy and Insolvency on Coverage Under Directors and Officers’ Insurance Policies,” Carolinas Chapter TMA, Charlotte, North Carolina, March 27, 2017.  (PDF)

Moderator, “How Good Are Receivership Sales? The Practical Advantages and Disadvantages of Receivership Sales,” Atlanta TMA, Atlanta, Georgia, November 18, 2016.  (PDF)

Moderator, “Doing Distressed Deals Without Getting Sued: What Every Private Equity Fund, Asset Purchaser, Director, Officer, Investment Banker, and Turnaround Professional Should Know to Avoid Liability,” Atlanta TMA, November 2015.  (PDF)

Moderator, “Everything You Don’t Want to Learn About Directors & Officers’ Insurance Policies . . . After It’s Too Late!,” TMA National Webinar, September 2015.  (PDF)

Moderator, "Section 363 Sales Are Not the Only Game in Town: Distressed M&A Outside of Bankruptcy," Atlanta TMA, November 2014.

Bar Admissions

  • Georgia, 1996
  • Alabama, 2000

Education

  • Mercer University Walter F. George School of Law, J.D., 1996
    • Mercer Law Review, Member, 1994-1996
    • Moot Court Board, Gibbons Criminal Law Competition Team Member, 1995
  • University of Georgia, B.A., 1993

Affiliations

  • Turnaround Management Association
  • Board of Directors of the Atlanta Chapter (2014-present)
  • Education Committee for TMA National (2015)
  • Planning Committee for the TMA National Annual Meeting (2014 & 2016)
  • American Bankruptcy Institute
  • American Bankruptcy Institute Southeast Bankruptcy Workshop Advisory Board (2017- present)