Meyers LawPLLC

 

Howard C.Meyers

 

Certified Business Bankruptcy Specialist, American Board of Certification Certified Creditors Rights Specialist, American Board of Certification Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization Howard Meyers is a peer review rated AV® Preeminent attorney who has been recognized by Super Lawyers of the Southwest and Arizona’s Finest Lawyers for his work in bankruptcy and sophisticated commercial litigation is state and federal courts. Howard has spent over 30 years in the private sector and has been associated with two prominent Phoenix law firms as either a partner or of counsel before starting his own firm. Howard is one of only 3 lawyers in the Phoenix area certified as a Creditors’ Rights Specialist by the American Board of Certification (“ABC”), a non-profit organization sponsored by the American Bankruptcy Institute and the Commercial Law League of America and accredited by the American Bar Association. He is one of only 15 lawyers in the Phoenix area certified as a Business Bankruptcy Specialist by the ABC. This expertise and Howard’s collaborative client centric results driven approach has caused many clients who normally only engage large law firms to rethink their lawyer retention policies and hire Howard instead. This is so because of the unique value proposition Howard affords to sophisticated clients. These clients know that the large law firm “representation by committee” approach with multiple time keepers is not in the client’s best interests. Simple, direct and personal accountability are the hallmarks of Howard’s relationships with his very sophisticated client base. Howard represents banks, commercial finance companies and equipment lessors in cases under the Bankruptcy Code with an emphasis on Chapter 11 reorganizations. Howard has extensive experience in contested matters involving the use of cash collateral, motions to lift stay, valuation issues, executory contract issues, opposition to plan confirmation and attempted cram-downs and claim disputes. Howard also has substantial bankruptcy adversary litigation experience extending over a broad spectrum of issues including preferences, fraudulent transfers, equitable subordination, dischargeability and nondischargeability cases. He has also represented bankruptcy trustees in Chapter 7 and Chapter 11 cases and commercial debtors-in-possession in successfully concluded Chapter 11 reorganizations. Howard has extensive non-bankruptcy business litigation and trial experience in state and federal courts focusing on injunctions, receiverships, real estate finance, commercial finance, guaranties, fraudulent transfers and business torts. He has often become involved in cases with complex multi-state or even multinational issues. Finally, Howard provides counsel to both lenders and borrowers in loan and credit workout situations where the parties prefer to avoid the cost and rigidity of formal insolvency proceedings when their financial worlds are challenged by adverse events or turns in the business cycle. Howard works with these clients to develop a plan for pro-actively engaging in workout negotiations leading to global resolution. Often times, these types of negotiations become multilateral and by necessity involve more than just two parties. Each situation presents its own unique mix of issues, personalities, conflicts and other challenges needing to be overcome before agreement and closure can be achieved. Howard not only has the ability to help his clients conceive of such an action plan, he has both the energy and experience to transform such a plan from mere possibility into a concrete and finalized deal.
  •      Practice Areas

    Commercial Bankruptcy Representation for Banks, Equipment Lessors, Mortgage Lenders and Other Business Creditors

     

    Sophisticated Debtor-Creditor Litigation and Business Litigation in State and Federal Courts

     

    Real Estate Law and Finance

     

    Nonbankruptcy Workouts and Negotiations

     

    Receiverships and Injunctive Proceedings

  •      Education / Honors

    J.D. Arizona State University College of Law, 1977

     

    B.A., Arizona State University, 1974, Liberal Arts

     

    Selected, Southwest Super Lawyers, Bankruptcy & Creditor/ Debtor Rights; Business Litigation

     

    Selected, Arizona’s Finest Lawyers

     

    Ranked AV® PreeminentTM 5.0 out of 5* in Martindale Hubbell

     

    Appointed by Governor Jan Brewer to the Arizona Civil Rights Advisory Board, 2014-2017

     

    *AV® PreeminentTM BV® DistinguishedTM is a certification mark of Reed Elsevier Properties, Inc., used in accordance    with the Martindale-Hubbell certification procedures, standards and policies.

  •      Professional Associations

    American Bankruptcy Institute

     

    American Bar Association

     

    State Bar of Arizona

     

    State Bar of New Mexico

     

    Maricopa County Bar Association

     

     

  •      Court Admissions

    Arizona

     

    New Mexico

     

    United States Court of Appeals for the Ninth Circuit

     

    United States District Court for the District of Arizona

     

    United States District Court for the District of New Mexico

  •       Representative Engagements

    Successful representation of secured creditors in single asset chapter 11 cases over the course of time combining motions to lift stay with opposition to plan confirmation on a cram down basis, sometimes with Section 1111(b) elections

     

    Motions to compel chapter 11 debtors in possession to assume or reject executory equipment leases and motions to lift stay to enforce equipment lessor rights

     

    Receivership and injunctive proceedings in Arizona state court to enforce assignments of rents for the benefit of commercial lenders during the pendency of nonjudicial foreclosure proceedings by way of contractual powers of sale

     

    Prosecution of lender actions against guarantors in situations where the borrowers have sought chapter 11 relief

     

    Bankruptcy due diligence counsel to the purchaser of the single largest package of secured real estate loans and joint venture interests purchased from the RTC which involved significant bankruptcy issues due to multiple borrower and coventurer  chapter 11 proceedings

     

    Representation of the secured creditor in the UCC sale of a grocery store chain with seventy (70) operating stores which was consummated by a credit bid in excess of $144,000,000 and assumption of ownership and operation of the grocery store chain by a special purpose entity created for that purpose

     

    Representation of the purchaser of twenty big box chain stores on a going concern basis from a chapter 11 debtor in possession with significant issues relating to the assumption and assignment of executory leases and inventory transfer

     

    The nonbankruptcy workout of a financially distressed 2400 cow family dairy.

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Copyright©2016 Meyers Law, PLLC

CONTACT

111 W Monroe Street Suite 1700

Phoenix, AZ 85004

(p)602-931-4810

(f)602-952-7020

hmeyers@hmeyerslaw.com