Brett H. Miller

Partner

New York, (212) 468-8051

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Education

Columbia University (B.A., 1988)
;
Georgetown University Law Center (J.D., 1991)

Practices

Business Restructuring + Insolvency

Real Estate

Distressed Real Estate

Bar Admissions

New York

Brett Miller is the Managing Partner of the New York office, a partner in the Business Restructuring & Insolvency Group, and the co-chair of the Distressed Real Estate Group. He handles Chapter 11 cases, out-of-court restructurings, bankruptcy-related acquisitions, cross-border insolvency matters, bankruptcy-related litigation and insolvency-sensitive transactions. He has represented parties in restructurings in industries such as real estate, transportation, retail, manufacturing, food service, oil and gas, and media.

Mr. Miller’s clients include official and ad hoc creditors’ committees, bank groups, individual lenders, court-appointed fiduciaries, debtors, and investors that focus on distressed situations. His recent assignments include representing Louis Freeh as Chapter 11 Trustee of MF Global, representing the Official Committees of Unsecured Creditors in each of the Pinnacle Airlines, Los Angeles Dodgers, and Hawaiian Telcom restructurings, advising the $2.6 billion Corporate Credit Agreement lender group in the General Growth Properties case, advising Wachovia Bank, N.A. in the Extended Stay Inc. case, and representing Qimonda AG as U.S. restructuring counsel in its Chapter 15 case.

Mr. Miller is a member of the American Bankruptcy Institute and a former co-chair of the Intellectual Property Subcommittee of the Bankruptcy & Corporate Reorganization Committee of the Association of the Bar of the City of New York. He is listed as a leading lawyer for Bankruptcy & Restructuring in Chambers Global 2013 and Chambers USA 2013 where he is described as a “professional, smart, deal-oriented lawyer.” Mr. Miller is recommended by Legal 500 US 2013, where sources note that he provides "excellent advice and perspective." He is also listed in the 2014 edition of Best Lawyers in America and the 2013 edition of Best Lawyers. Turnarounds & Workouts magazine named him an “Outstanding Young Restructuring Lawyer” from 2003 through 2006. While earning his law degree at Georgetown University Law Center, Mr. Miller served as articles editor of the Law & Policy in International Business Journal.

Mr. Miller received his B.A. from Columbia University in 1988 and his J.D. from Georgetown University Law Center in 1991.

MF Global Holdings Ltd.

(Bankr. S.D.N.Y.) Counsel to Louis J. Freeh, former Federal Judge and former Director of the Federal Bureau of Investigation, as Chapter 11 Trustee for MF Global in its Chapter 11 bankruptcy proceeding. With $41 billion in assets at the time of filing, MF Global was the largest bankruptcy filing of 2011 and the eighth-largest in U.S. history. This case involves a wind-down of an extremely complex global operation and the realization of value from various entities in the MF Global Group, many of which are in their own administration or liquidation proceedings domestically and internationally.

In re Los Angeles Dodgers LLC, et al.

(Bankr. D. Del.) Representation of the Official Committee of Unsecured Creditors of the Los Angeles Dodgers in its Chapter 11 bankruptcy. A plan of reorganization was confirmed by the Bankruptcy Court on April 13, 2012, pursuant to which the baseball team was sold for a record $2 billion. Unsecured creditors received a 100% cash recovery under the plan, in what is the largest and most successful restructuring of a sports franchise in U.S. history.

In re Pinnacle Airlines Corp., et al.

(Bankr. S.D.N.Y.) Representation of the Official Committee of Unsecured Creditors in the Chapter 11 cases of Pinnacle Airlines Corp., et al. Pinnacle Airlines operates as Delta Connection for Delta Airlines, the Debtors’ largest customer and post-petition lender. At the time of filing of their bankruptcy petitions on April 1, 2012, the Debtors had 8,000 employees, over $1 billion in annual revenue and operated over 800 flights a day.

In re Hawaiian Telcom Communications, Inc., et al.

(Bankr. D. Haw.) Represented the Official Committee of Unsecured Creditors of Hawaiian Telcom, the leading provider of telecommunications services in the State of Hawaii.

Qimonda AG

(Bankr. E.D. Va.) Representation of semiconductor company Qimonda AG in its Chapter 15 bankruptcy case.

In re Extended Stay Inc., et al.

(Bankr. S.D.N.Y.) Representation of mezzanine lenders owed $3.3 billion by the Debtors in Extended Stay Inc.'s Chapter 11 bankruptcy case. Extended Stay is the largest bankruptcy filing in the history of the hospitality industry with nearly $8 billion in debt.

In re Skybus Airlines, Inc.

Represented the Official Committee of Unsecured Creditors of Skybus Airlines, Inc., in its Chapter 11 liquidation. (2008 - 2009)

General Growth Properties

(Bankr. S.D.N.Y.) Representation of Eurohypo Bank AG’s New York Branch and a group of lenders that has more than $2.6 billion of exposure to GGP. Soon after confirmation of GGP’s reorganization plan, MoFo worked with the agent to defeat GGP’s objection to the agent’s claim for default interest on the loan, and obtained an order from the bankruptcy court awarding the agent, for the benefit of the lenders, almost $100 million in contract-rate default interest. The decision was appealed by GGP and the case is currently awaiting decision before the Second Circuit Court of Appeals.

In re Fairfield Residential LLC, et al.

(Bankr. D. Del.) Represented the Official Committee of Unsecured Creditors of Fairfield Residential LLC, a large multi-family and low income housing developer and property manager, in its Chapter 11 reorganization. Currently represent the FFR Trust, the liquidating trust that was formed post-petition to liquidate the debtors’ remaining assets, resolve claims, and facilitate distributions to creditors.

In re TMP Directional Marketing LLC, et al.

(Bankr. D. Del.) Representation of the ad hoc committee of unsecured creditors of TMP Directional Marketing in its liquidating prepackaged Chapter 11 bankruptcy. MoFo coordinated and facilitated a unique and novel solution: a prepackaged bankruptcy secured by the vote of trade creditors, who overwhelmingly supported the plan.