Andrew Muller represents clients with respect to a wide variety of commercial issues related to creditor’s rights, bankruptcy and insolvency matters.  He has represented Chapter 7 Trustees, Chapter 11 Trustees, individual and corporate Chapter 11 Debtors, Official Committees of Unsecured Creditors, Unsecured Creditor Committee members, individual and corporate creditors, and bidders and purchasers at bankruptcy auctions.

He has prosecuted and defended numerous types of bankruptcy court litigations including the avoidance and recovery of preferential transfers and fraudulent conveyances, claims objections, and unexpired lease and executory contract litigation.  He has also prepared and filed proofs of claims, and negotiated and memorialized the treatment of same in the plan of reorganization and case liquidation process.

Mr. Muller also represents banks, equipment finance companies, and other secured and unsecured lenders in all facets of commercial collection litigation regarding term notes, demand notes, lines of credit, mortgages, equipment financing agreements, and equipment leases.  He also has experience negotiating and drafting loan agreements and modifications, and out-of-court settlements.

Education

University of Bridgeport School of Law, J.D., 1993

University of Michigan, B.S., 1990

Admissions

Mr. Muller is admitted to practice in New York and the District of Columbia.  He is also admitted to practice before the U.S. Court of Appeals for the Second Circuit and the U.S. District Courts for the Southern, Eastern and Northern Districts of New York.

Representative Matters

• Representation of landlord in connection with rights and obligations concerning bankruptcy filing by tenant;
• Counseling medical device client on pros and cons of potential bankruptcy filing;
• Representation of bank in connection with litigation against defaulting borrowers and guarantors on secured and unsecured loans, including preparation and filing complaints, motions for summary judgment and litigating issues concerning alleged affirmative defenses including, among others, bank merger and standing/lack of privity, lack of service of process, lack of intent to assume personal liability on guaranty, statute of limitations, statute of frauds, UCC Article 2-A finance agreements, and purported forgery;
• Representation of co-op mortgage lender in connection with bankruptcy filing and litigation with federally convicted borrower/debtor, and rights of lender client in relation to civil forfeiture claims of U.S. Attorney’s Office on behalf of the United States;
• Representation of pharmaceutical company in connection with testing laboratory in liquidating Chapter 11 case that had collected proprietary and confidential client information, which Chapter 11 trustee intended to abandon and/or destroy;
• Representation of equipment lessor regarding assumption or rejection of unexpired equipment leases, and litigation in adversary proceeding regarding claims to recharacterize leases as disguised financing arrangements;
• Advised foreign corporation regarding U.S. Chapter 11 process and effects of Chapter 11 filing by client’s U.S. subsidiary;
• Representation of energy supplier in connection with power supply/consumption agreement with energy purchaser, potential bankruptcy filings, and “dueling” assumption / rejection rights;
• Representation of various parties seeking to lift the automatic stay to continue foreclosure of real property, seizure of personal property, and continuation of federal court and state court litigation;
• Representation of unsecured creditors committee in dispute with secured lender concerning excessive debtor in possession facility loan maintenance fees;
• Representation of creditors providing benefits to bankruptcy debtor’s estates and seeking payment of administrative claims.