Michael R. Proctor

Mike concentrates his practice in the areas of bankruptcy, election and commercial law.

His experience includes representing banks, construction companies, elected officials, and other large and small companies throughout the region. Also, his experience includes: bankruptcy litigation; election challenges; perfecting and defending mechanics’ lien claims; construction defect claims; Uniform Commercial Code litigation; and defending statutory liability claims against lenders. Early in his career, Mike defended medical malpractice claims through jury trial.

Representative Experience:

• All aspects of creditor bankruptcy representation including filing and litigating proofs of claim, litigating preferential transfer claims, Section 363 asset sales, automatic stay/discharge injunction violations
• Summary judgment for a large bank against claims that it improperly negotiated checks under Article 3 of the UCC
• Obtained favorable appellate decision in dismissal of insurance broker in negligence claim
•  Obtained preliminary objection dismissal of real estate settlement company against claims related to closing
• Successfully obtained dismissal of election challenge against city mayor
• Successfully negotiated resolution to electoral petition challenge
• Obtained and litigated mechanics lien against large steel fabrication facility
• Obtained favorable settlement for homeowner in faulty septic tank installation claim
• Real estate tax assessment appeals

• 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 ® (Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law), 2020-present
• Recognized as a Rising Star in West Virginia 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