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Kenneth M. Misken


Kenneth M. Misken

Kenneth M. Misken has a wide range of experience in all aspects of bankruptcy matters and extensive experience in litigation in bankruptcy courts, representing corporate debtors and creditors’ committees in reorganization proceedings under Chapter 11 of the Bankruptcy Code, and representing other creditors in Chapter 7, 11 and 13 proceedings. Ken also has extensive commercial litigation experience representing financial institutions and corporations in federal courts in Virginia, the District of Columbia, and Maryland and in Virginia and the District of Columbia state courts.

Prior to joining Miles & Stockbridge, Ken served as a law clerk to the Honorable Stephen S. Mitchell, U.S. Bankruptcy Court for the Eastern District of Virginia. More recently, Ken was a lawyer in the Tysons Corner office of McGuireWoods LLP. Ken was named a Virginia Super Lawyers “Rising Star” from 2009 to 2013. He has published extensively in the American Bankruptcy Institute Journal, and he has been a frequent speaker at bankruptcy-related seminars. Ken sits on the Executive Board of the Walter Chandler Inn of Court, which is designed to improve the skills, professionalism, and ethics of the bankruptcy bench and bar in the District of Columbia metro area. The Inn represents a broad spectrum of members of the bench, the bar and local law school students sharing an interest in bankruptcy litigation and related issues.

Ken received his J.D. from the William H. Bowen School of Law of the University of Arkansas, Little Rock. He has an LL.M. in International and Comparative Law from Georgetown University Law Center, and he holds a B.S. degree from Georgia Southern University. Ken was a medic while serving in the United States Army from 1992-1997. He currently represents veterans before the United States Court of Appeals for Veterans Claims on a pro bono basis.

Affiliations & Recognition

Professional Involvement

  • American Bankruptcy Institute

  • American Bankruptcy Institute Journal: Contributing Editor, News at 11 Column

  • Congressman Walter Chandler Inn of Court: Master; Executive Board

  • Northern Virginia Bankruptcy Bar Association

Recognition

  • Best Lawyers in America®: Selected for inclusion in the area of Litigation - Bankruptcy and Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2018-2019)

  • Chambers USA - America's Leading Lawyers for Business: Listed in the area of Litigation: Bankruptcy (2012-2015)

  • M&A Advisor: M&A Sector Deal of the Year Finalist – Technology, Media, Telecom (Between $10mm and $100mm) – Miles & Stockbridge P.C. for the Official Committee of Unsecured Creditors in Sale of Trans National Communications International, Inc. to Blue Casa Telephone, LLC (2013)

  • Virginia Super Lawyers® - Rising Stars Edition: Selected for inclusion in the area of Bankruptcy & Creditor/Debtor Rights and Business Litigation (2009-2013)

  • Washington DC Super Lawyers® - Rising Stars Edition: Selected for inclusion in the area of Bankruptcy & Creditor/Debtor Rights and Business Litigation (2014)

Blogs

Case Examples

Focus

Industries Served:

Practices:

Press Coverage

Publications

"Practice & Procedure: "Serving Subpoenas in Cases and Proceedings," American Bankruptcy Institute Journal (May 01, 2011).
"News at 11: “When Abstinence is the Best Policy," American Bankruptcy Institute Journal (April 01, 2011).
"Practice & Procedure: “Rule 6006 Service Requirements: When Assumption, Rejection or Assignment is Under a Plan," American Bankruptcy Institute Journal (March 01, 2011).
"Practice & Procedure: “Service of Pleadings on Counsel under Bankruptcy Rules 7004, 9014 and 9010," American Bankruptcy Institute Journal (February 01, 2011).
"Ashcroft v. Iqbal: Supreme Court Clarifies Pleading Requirements Under Rule 8(a)(2)," American Bankruptcy Institute Journal (February 01, 2010).
"Court Grants Comity to Danish Bankruptcy Case and Vacates Prepetition Admiralty Rule B Attachment," ABI International Committee Newsletter, Volume 7, Number 1 (February 01, 2010).
"Code Preempts State and FDCPA Acts," American Bankruptcy Institute Journal (April 01, 2009).
"Dismissal under Rule 12(b)(1): Federal Courts Lack Subject-matter Jurisdiction if Plaintiff Has No Ownership Interest in Claim," American Bankruptcy Institute Journal (February 01, 2009).
"Practice & Procedure: "Utility Providers with Executory Contracts: Adequate Assurance of Payment, Rejection/Cure," American Bankruptcy Institute Journal (March 01, 2008).
"Practice & Procedure: "Use of Cash Collateral - Guidelines and Rules Can Help the 'Smaller' Business Debtor Negotiate Orders without Giving Away the Store," American Bankruptcy Institute Journal (February 01, 2008).
"Practice & Procedure: "Complete vs. Partial Subordination: Avoiding Surprises in Circular Priorities of Claims," American Bankruptcy Institute Journal (July 01, 2007).
"Amended Bankruptcy Rule 3007: Omnificent Omnibus Objections or Objectionable Annoyances?," American Bankruptcy Institute Journal (Co-Author) (May 07, 2007).
"Practice & Procedure: "Utilities after BAPCPA: What's Changed?," American Bankruptcy Institute Journal (March 01, 2007).
"Practice & Procedure: “Attention Claim Traders: A Claim in the Hands of a Transferee is Subject to §502(d) Disallowance," American Bankruptcy Institute Journal (October 01, 2006).
"Straight & Narrow, “Side-Switching Without Informed, Written Consent Equals Disqualification," American Bankruptcy Institute Journal (September 01, 2006).
"News at 11: “Setoff of Rejection Damages under Section 553: A Strained and Imaginative Interpretation?," American Bankruptcy Institute Journal (July 01, 2006).
"Practice & Procedure: “Finality in Cash Collateral Orders: It’s Not Over Until It’s Over," American Bankruptcy Institute Journal (February 01, 2006).

Speaking Engagements

"Avoidance Actions," Northern Virginia Bankruptcy Bar Association (Panelist) (September 28, 2011).
"Top ‘Small’ Business Issues," American Bar Association, Section of Business Law, Business Bankruptcy Fall Meeting, Small Business Sub-Committee, San Francisco, California (November 04, 2006).