Robert M.D. Mercer is a Partner in the Bankruptcy & Financial Restructuring Group who concentrates his practice in the areas of bankruptcy law, bankruptcy litigation, and commercial litigation. His experience includes representation of unsecured creditors’ committees, corporate debtors, and creditors in Chapter 11 cases. Moreover, Mr. Mercer has represented parties in high stake litigation in bankruptcy court. Mr. Mercer also has represented parties in purchasing significant assets from bankruptcy estates.
Representative Matters:
Official Unsecured Creditors’ Committees
- Counsel to the Official Committee of Unsecured Creditors of Lynx Chemical Group, Inc. (specialty chemical manufacturer)
- Co-Counsel to the Official Committee of Unsecured Creditors of Pike Nursery Holding, Inc. (lawn and garden wholesaler and retailer)
Debtors
- Verilink Corporation and Larscom, Inc. (publicly traded companies that develop, manufacture and market a broad range of telecom products and professional services)
- MetroHealth Indiana, Inc. (multi-facility nursing home chain located in Indiana)
- Printmasters Acquisition Corporation and Ampac Acquisition Corporation (printing companies located in Alabama)
Lenders/Significant Creditors
- Counsel to DIP lender to largest Vidalia onion grower
- Co-Counsel to DIP lender to large retail furniture chain
- Counsel to the Indenture Trustee of $90,000,000.00 of bonds in the Chapter 9 municipal bankruptcy of a publicly owned amusement park
Significant Litigation
- Counsel to Fortune 50 manufacturer in multi-million dollar surety dispute
- Counsel to defendants in an alleged fraudulent transfer case seeking alleged actual damages of $7 million in connection with the foreclosure of a Belizean island
Section 363 Sale Asset Purchasers
- Counsel to purchaser of carpet manufacturing facility from Chapter 11 debtors in cases pending in the Southern District of New York
- Counsel to purchaser of carpet manufacturing equipment from Chapter 11 debtor
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Education |
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| J.D., (Law Review and Moot Court Board), Mercer University, Walter F. George School of Law, 1996
|  | | B.A., University of Georgia, 1993 | |
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Bar & Court Admissions |
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| Alabama, 2000
| | | Georgia, 1996 | |
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Memberships |
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| American Bankruptcy Institute
| | | Atlanta Bar Association, Bankruptcy Section
| | | Georgia Bar, Bankruptcy Section
| | | Georgia Bar, Technology Law Section, Executive Committee
| | | Turnaround Management Association | |
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Publications |
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"Five Good - But Often Overlooked - Preference Defenses, Business Credit," National Association of Credit Management, May 2006
"Letters of Credit and Tenant Bankruptcies: Drafting Tips for Landlord's Counsel," Real Estate Finance Journal, Winter 2006
"Non-Debtor Transfers May Qualify for §1146(c) Exemption," American Bankruptcy Institute Journal, Volume XXIV, No. 1, February 2005
"Think that Your Licensee Client's Rights under Section 365(n) of the Bankruptcy Code Are Safe? Think Again!,"Technology Law Section Newsletter, State Bar of Georgia, Winter 2004
"Do Bank Directors Face Additional Risk in Personal Bankruptcy?," Community Bank Director, May/June 2004
"Drafting Tips to Help Protect Licensee Rights in the Event of a Licensor Bankruptcy," State Bar of Georgia's Technology Law Section Newsletter, Fall
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Speaking Engagements |
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| "The Ship is Sinking: Steps to Keep Yourself Dry," Powell Goldstein Breakfast Briefing, October 2007
| | | "Preferences and Fraudulent Transfers: the Basics and Beyond," National Association of Credit Management Teleconference, October 2007
| | | "Bankruptcy: the Nuts and Bolts for Credit Professionals," National Association of Credit Management Teleconference, July 2007
| | | "Bankruptcy - The Not So Obvious Implications for Matters that Come Up Every Day," Credit Congress, June 2007
| | | "Bankruptcy Litigation for the Non-Bankruptcy Lawyer," ICLE of Georgia's Advanced Debt Collection Seminar, April 2007
| | | "Unsecured Creditors' Committees: The Nuts and Bolts and Changes in the Law," Co-presenter, Lorman Seminar, January 2006
| | | "What Credit Professionals Should Know About Escheatment and Unclaimed Property Statutes," National Association of Credit Management Southeast, January 2006
| | | "Bankruptcy Code Amendments Affecting Commercial Real Estate," Lorman Seminar, January 2006
| | | "Legal Strategies for Credit Professionals to Help Ensure Payment," National Association of Credit Management Southeast, February 2006
| | | "The Revisions to the Bankruptcy Code: What You Need to Know To Evaluate a Borrower," Co-presenter, National Funding Association, March 2006
| | | "Knowing the Changing Rules of the Road with Insolvent Clients: How to Get (and Stay Paid) and Avoid Getting Sued as well as Understanding the Implications of Your Client's Actions," Georgia Society of Certified Public Accountants, Atlanta Chapter, July 2006
| | | "What Every Lawyer Should Know about the Sale of a Distressed Technology Company," Co-Presenter, The Georgia Bar's Technology Section's Quarterly Meeting, September 2006
| | | "What Financial Executives Should Know About Corporate Financial Distress -- the Do's and Don'ts for You and Your Company," Financial Executives Networking Group Quarterly Meeting, September 2006
| | | "Everything You Need to Know to Get (and Stay) Paid," National Association of Credit Management All South Conference, September 2006
| | | "Personal Liability for Officers When a Company Approaches or Enters the Zone of Insolvency," Tatum Partners, September 2006
| | | "Bankruptcy: the Basics and Beyond," National Association of Credit Management Southeast Teleconference, October 2006
| | | "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: What Corporate Counsel Should Know About Its Effect on Business Bankruptcy Cases," Corporate Counsel Institute, December 2005
| | | Chapter 11 Presentations, Co-Moderator, Bankruptcy Section of the Georgia Bar CLE, Midyear Meeting, January 2005
| | | "Representing Insolvent Entities," Guest Lecturer, Mercer Law School, October 2004
| | | "Seven Things All Lawyers Should Know About Technology and IP in Bankruptcy," Technology Law Section of the Georgia Bar CLE, December 2004
| | | "Letters of Credit and Tenant Bankruptcies: Drafting Tips for Landlord's Counsel," Real Property Law Section of the Georgia Bar CLE, November 2004
| | | "Nuts and Bolts of Proofs of Claim," and "Selected Automatic Stay Issues," 15th Annual Bankruptcy at the Beach Seminar, Alabama State Bar Bankruptcy and Commercial Law Section, March 2002 | |
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Awards & Honors |
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| Georgia Rising Star (2005, 2007) | |
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