Michael Smiley

For over 25 years, Mike Smiley has represented banks, other financial institutions, and businesses in commercial disputes, collection litigation, bankruptcy matters, and in business transactions.  His practice includes a variety of creditor’s rights areas, including lien enforcement, foreclosures and repossessions.  Mr. Smiley also represents his clients in construction disputes and real estate matters.  He has litigated matters in state and federal courts, including bankruptcy court.

Practice Concentration and Experience

Banks and Financial Institutions

  • Litigation concerning collection on loans and other financial obligations, actions for recovery of collateral, including sequestrations and foreclosures
  • Defense of financial institutions in garnishment proceedings and forfeiture and seizure actions
  • Bankruptcy matters for creditors including motions for relief from stay, proof of claim filing and claim actions, adversary cases regarding discharge and dischargeability, plan and valuation objections, reaffirmation agreements and involuntary bankruptcy filings
  • Compliance in document and information requests served on clients
  • Assist clients in preparation of transactional/loan documents

Business, Construction and Real Estate

  • Collection litigation and contract disputes
  • Lien enforcement
  • Contract preparation
  • Real estate sales and acquisitions
  • Assist contractors, subcontractors and suppliers in construction disputes, collection of actions and mechanic’s lien enforcement

Activities and Affiliations

  • State Bar of Texas, admitted November 1984.
  • Admitted to practice before the U.S. District Court, Northern District of Texas, and the U.S. Bankruptcy Court, Northern District of Texas
  • Texas Bar Foundation, Life Fellow
  • Amarillo Bar Association
    • Secretary-Treasurer 1995-1996
  • Bankruptcy Section, State Bar of Texas
  • Texas Association of Bank Counsel
  • Construction Law Section, State Bar of Texas
  • Commercial Law League of America
  • The Bridge Children’s Advocacy Center
    • President 1997-1998
    • Board of Directors
  • Kiwanis Club of Amarillo
    • Board of Directors 1992-1994
  • Leadership Amarillo & Canyon
    • Board of Directors 1998-1999
  • High Plains Epilepsy Association
    • Board of Directors 1990-1992
  • High Plains Drifters Soccer Club
    • President 2002-2003
  • Presenter annually of program on Debt Collection Practices for regional bank

Education

  • J.D. Texas Tech University School of Law, 1984
  • B.B.A. Texas A&M University, 1981