Michael R. Proctor

Mike concentrates his practice in commercial litigation, creditors' rights and bankruptcy, and construction law.

He represents financial institutions, construction companies, manufacturers, nonprofit organizations, and other businesses and individuals in Pennsylvania, West Virginia, and Ohio. 

Mike handles complex commercial litigation with particular experience in contract claims, payment fraud, negotiable instruments, secured transactions, and other matters governed by the Uniform Commercial Code. His construction practice includes perfecting and enforcing mechanics' liens and litigating construction-defect, payment, and contract disputes. He also represents clients in real estate, lender-liability, and appellate matters. 

In bankruptcy matters, Mike regularly represents secured and unsecured creditors, particularly in Chapter 11 reorganizations and asset sales. His experience includes cash-collateral and adequate-protection disputes, relief from the automatic stay, proofs of claim and claim objections, preference actions, executory contracts and leases, Chapter 11 plan confirmation, and discharge-related litigation. 

Mike currently serves on the Board of Directors of the Washington County Bar Association and the North Strabane Zoning Hearing Board. Additionally, he has provided pro bono representation to individuals before the Pennsylvania Board of Pardons and in defending mortgage foreclosures. 

Representative Experience:

• Obtaining and defending preliminary injunctions in commercial and bankruptcy disputes
• Obtaining summary judgement for a financial institution against claims arising from the negotiation of checks under Article 3 of the Uniform Commercial Code
• Obtaining a favorable appellate decision affirming the dismissal of negligence claims against an insurance broker
• Representing secured and unsecured creditors in Chapter 7, Chapter 11, and Chapter 13 cases, including cash-collateral disputes, requests for adequate protection and stay relief, claims litigation, and preference actions
• Perfecting, enforcing, and defending against mechanics' lien claims involving commercial and industrial construction projects.

• Chair, Local Rules Advisory Committee, U.S. Bankruptcy Court for the Northern District of West Virginia
• West Virginia Bankruptcy Bench-Bar CLE Committee Member

• Bankruptcy and Commercial Law CLE Presenter

Representative Decisions: 

• United States v. Scherer, No. 2:19-CV-03634, 2023 WL 4539704 (S.D. Ohio July 11, 2023)
• O'Keefe v. Rustic Ravines, LLC, No. 22CV1178, 2023 WL 2602071 (W.D. Pa. Mar. 22, 2023)
• Blon v. Royal Flush, Inc., 2022-Ohio-1958; 191 N.E.3d 505 (Ohio App. 7th Dist.)
• In re Riffe, No. 5:17-BK-50266, 2018 WL 3788973 (Bankr. S.D.W. Va. Aug. 6, 2018)
• Griffith v. BCBank, Inc., No. 16-0460, 2017 WL 1347703 (W. Va. Apr. 7, 2017)
• Roberts v. Roberts, 639 F. App'x 951 (4th Cir. 2016)
• Trawick Constr. Co., LLC Mod. Cable Tech., Inc. v. K&D Constr., Inc., No. 2:16-CV-24, 2016 WL 4290176 (N.D.W. Va. Aug. 15, 2016)

• Named to The Best Lawyers in America (Commercial Finance Law and Commercial Litigation), since 2020
• Selected to the West Virginia Rising Stars list by Super Lawyers, 2013 - 2017

• American Subcontractors Association of Western Pennsylvania
• Associated Builders and Contractors of Western Pennsylvania
• Builders Association of Metropolitan Pittsburgh
• Credit Abuse Resistance Education (CARE)
• Ohio State Bar Association
• Pittsburgh Airport Area Chamber of Commerce
• Society of American Military Engineers
• Washington County Bar Association
  • Board of Directors Member
  • Public Education & Relations Committee Member
• West Virginia State Bar Association

• North Strabane Township Zoning Hearing Board, Secretary
• North Strabane Township Municipal Authority Board (former)
• Washington County Bar Association, Board of Directors
• Court appointed arbitrator
• Pro bono assistance before the Pennsylvania Board of Pardons
• Pro bono assistance before the Veteran’s Administration
• Pro bono assistance before the Social Security Administration
• Youth flag football and basketball coach