Since 2001, John M. Merritt, has focused his law practice in the area of commercial and business litigation with an emphasis on corporate bankruptcy matters.  His knowledge and experience in bankruptcy and bankruptcy-related litigation is extensive, having represented numerous individuals and businesses as creditors involved in bankruptcy cases filed nationwide.  John also provides legal services in the area of Wills, Trusts & Estate Planning as well as for matters involving civil litigation both in state and in federal court.  

Prior to entering private practice, John began his legal career employed for nine years as a deputy clerk in the United States Bankruptcy Court for the Northern District of Georgia followed by serving as a law clerk to The Honorable James E. Massey, United States Bankruptcy Court Judge, for one year.  He is committed to providing his clients with professional and personal sophisticated legal representation in a cost-effective manner, and over the years, he has established a solid reputation as an attorney dedicated fully to serving the needs of his clients.

Representative Engagements

Represented The Southern Company, and its subsidiaries, including Georgia Power Company, Savannah Electric and Gulf Power, as a creditor in numerous bankruptcy cases filed nationwide.  Provided general representation for matters involving various sections of the Bankruptcy Code, including adequate assurance, defense of preference actions, assumption of executory contracts for revenue recovery exceeding $1.3M, pole attachments and easements, forward contracts and indemnification as well as provide general representation for matters involving commercial litigation and drafting and negotiating power service agreements for residential developers and multi-load manufacturers.

Provided counsel to Asurent Technologies, Inc., and to 7UP/RC of Central Georgia in connection with corporate dissolution, including liquidation of assets in conformity with the Bulk Sales Transfer Act under O.C.G.A. 11-6-103.  Provided counsel to Henry Pratt Company in connection with its purchase of assets from Debtor Hydro Gate Corporation, pursuant to the provisions of 11 U.S.C. 363.

Represented Capital One, F.S.B., Wachovia Bank of Delaware, N.A., Citifinancial Mortgage Company, Inc., First Choice Credit Union and Household Finance Realty Corporation for matters involving abusive bankruptcy filings, unauthorized transfers of property, nondischargeability action for debtor's willful and malicious injury and fraud, foreclosure, receivership, reclamation and relief from the automatic stay as well as commercial litigation. 

Provided counsel to Houtwerf Zoeterwoude, B.V., a Dutch company, in connection with incorporating related business entities within various jurisdictions throughout the United States as well as providing general representation for matters involving commercial litigation.

Provided assistance as special counsel to Chapter 7 Trustee for and on behalf of debtors Nationwide Warehouse & Storage, LLC, et al., in related bankruptcy litigation involving an alleged fraudulent conveyance and fraudulent transfer against former shareholder defendants based upon a leveraged buyout transaction with proceeds of $70M.

Represented Georgia Pacific Corporation on various bankruptcy matters as well as creation of security interests through systematic UCC-1 filings and provided counsel to Matrix Resources Corporation on various bankruptcy matters, including defense of numerous preference actions.

Lectures

Lecture frequently at various utility conferences and conduct annual seminars on bankruptcy basics for utilities.  Presentations explore the alterable effects that bankruptcy imposes upon utilities' collections, the ways in which bankruptcy changes the economic relationship between utilities and their customers as well as pre-bankruptcy policies and strategies designed to eliminate bad debt and recover revenue involved in bankruptcy cases.

Areas of Practice

• Business Law and Commercial Litigation
• Creditors' Rights in Bankruptcy
• Commercial Leases
• Secured Transactions and Uniform Commercial Code Filings
• Fraudulent Transfers and Conveyances
• Wills, Trusts and Estate Planning
• Energy and Utility Law
• Contract Dispute Negotiation and Litigation
• Receivership
• Foreclosure, Garnishment and Collections
• Debt Restructuring, Reorganization and Workouts
• Landlord-Tenant Disputes

Bar Admissions

• Georgia, 2000
• U.S. Court of Appeals 11th Circuit
• U.S. District Court Middle District of Georgia
• U.S. District Court Northern District of Georgia
• Supreme Court of Georgia
• Georgia Court of Appeals

Education

• Georgia State University College of Law, Atlanta, Georgia
  J.D., 2000
  Law Review: Lead Articles Editor
  
  
• Hampden-Sydney College
  B.A., 1991
  Major: History and English
  
  

Published Works

• Review of Selected 1999 Georgia Legislation, O.C.G.A. 35-1-9, 40-5-2, & 50-18-72 (amended), 1999 Ga. Laws 809, reprinted in Georgia State University Law Review, Vol. 19, at 268-76, 1999

Representative Cases

• General Time Corp. v. Schneider Atlanta, L.P. (In re General Time), 328 B.R. 243 (Bankr. N.D.Ga. 2005)

Professional Associations and Memberships

• State Bar of Georgia
  (Sections: Bankruptcy; Creditors' Rights)
  
  
• American Bar Assocation
  
  

Past Employment Positions

• The Honorable James E. Massey, United States Bankruptcy Court Judge, Northern District of Georgia, Law Clerk, 2000 - 2001
• The Honorable Marvin H. Shoob, United States District Court Judge, Northern District of Georgia, Summer Intern, 1997
• United States Bankruptcy Court, Northern District of Georgia, Deputy Clerk, 1991 - 2000

Pro Bono Activities

• Atlanta Volunteer Lawyers Foundation

Ancillary Businesses

• Law Office of John M. Merritt, LLC