Ronald A. Spinner

Represented a credit insurer in a bankruptcy case involving a large trucking firm. The bankruptcy trustee mishandled a clawback suit and the court sanctioned the trustee by dismissing the case and depriving the estate of potentially millions of dollars in recoveries. The trustee declined to investigate the possibility of there being a malpractice claim against his law firm for the loss. Miller Canfield convinced the Bankruptcy Court that the trustee could not investigate his own legal liability and that he should be replaced as trustee, and in the process, recovered funds for the credit insurer client.

In a bankruptcy case involving a regional home supply chain headquartered in Texas, Ron was given the role of investigating and prosecuting preference actions on behalf of the debtors. Recoveries on unsecured claims were initially estimated to yield 45-55 cents on the dollar. Ron investigated several hundred claims to select only those with likely recoveries, sent demand letters, and ultimately filed approximately 70 complaints. Ron negotiated settlements with each creditor, so that unsecured recoveries rose 50% (to approximately 75 cents on the dollar) without requiring a single creditor to waste resources on a trial.

Two related clients brought Ron five preference actions to defend, with just over $2.4 million in claims alleged after the various defenses the trustees deemed they would allow. Ron analyzed the cases and negotiated each to settlement or dismissal, without trial (and often without a formal answer having to be filed). This kept client expenditures, inclusive of fees and settlement payments, minimal.

Miller Canfield served as local counsel to the City of Detroit in connection with its Chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts. Since the City confirmed its Plan of Adjustment in December 2014, Miller Canfield has continued to represent the City in connection with many aspects of its Plan implementation, appeals of Plan confirmation, set up of the Great Lakes Water Authority, and a variety of financings. 

Represented an energy company that leased significant natural gas rights to another energy company that filed for Chapter 11 bankruptcy protection. At stake was almost $2 million in back royalty payments under the lease. The court held that under Michigan law the oil and gas lease was indeed a lease under the Bankruptcy Code, entitling the client to all past due royalty payments before the debtor could continue extracting natural gas.