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. He is currently representing the official committee of TCEH unsecured creditors for Energy Future Holdings and its affiliates in their chapter 11 cases and recently represented Louis Freeh as chapter 11 trustee of MF Global, the official committees of unsecured creditors in each of the Pinnacle Airlines, Los Angeles Dodgers, and Hawaiian Telcom restructurings, the $2.6 billion Corporate Credit Agreement lender group in the General Growth Properties case, Wachovia Bank, N.A. in the Extended Stay Inc. case, and Qimonda AG 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 2015 and Chambers USA 2014 where he is described as “very creative and very responsive” and noted for his ability “to bring people together for a consensual resolution.” Mr. Miller is recommended by Legal 500 US, where sources note his “practice approach” and ability to “lay out choices clearly with appropriate views on risks and opportunities.” He is also listed in Best Lawyers of America. In 2014, Mr. Miller was recognized by Law360 as a “MVP” of the bankruptcy bar. Turnarounds & Workouts named him an “Outstanding Restructuring Lawyer” for 2014 and an “Outstanding Young Restructuring Lawyer” from 2003 through 2006.
Mr. Miller received his B.A. from Columbia University in 1988 and his J.D. from Georgetown University Law Center in 1991.
In re Walter Energy Inc., et al.
(Bankr. N.D. Ala.) Counsel to the official committee of unsecured creditors of Walter Energy, Inc. and its affiliates. Walter, a major producer of metallurgical coal, struggled as a result of the precipitous fall in the price of metallurgical coal in recent years and eventually was forced to seek bankruptcy protection in July 2015 in an effort to restructure its more than $3.1 billion in debt.
In re HOVENSA LLC
(Bankr. D.V.I.) Counsel to HOVENSA LLC, once owner of one of the ten largest oil refineries in the world, in its chapter 11 case. At the time of its bankruptcy filing, HOVENSA had approximately $2 billion of prepetition indebtedness, exclusive of significant legacy liabilities primarily in the form of environmental obligations, pension obligations, and retiree benefits.
In re Energy Future Holdings Corp., et al.
(Bankr. D. Del.) Counsel to the official committee of TCEH unsecured creditors in the chapter 11 cases of Texas power company Energy Future Holdings Corp. and its affiliates, which filed for bankruptcy in April 2014. This is the 10th largest bankruptcy in U.S. history with the debtors holding approximately $40 billion in debt.
In re MF Global Holdings Ltd., et al.
(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 USEC Inc.
Represented Toshiba Corp. and Toshiba North America Nuclear Energy Corp. as a preferred shareholder and strategic partner, in pre-filing restructuring negotiations and the subsequent chapter 11 case of USEC, Inc. (n/k/a Centrus Energy Corp.), a provider of uranium to nuclear power plants.
In re Global Aviation Holdings Inc., et al.
Representation of the official committee of unsecured creditors in the chapter 11 cases of In re Global Aviation Holdings Inc., et al.
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 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 General Growth Properties Inc., et al.
(Bankr. S.D.N.Y.) Representation of Eurohypo Bank AG’s New York Branch and a group of lenders that had 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 in early 2013, prior to the court ruling, the parties settled on favorable terms to our client.
Airline Official Committees
Representation of the Official Committee of Unsecured Creditors in numerous cases, including Pinnacle Airlines, Northwest Airlines, US Airways (I and II), Mesa Airlines, Skybus Airlines, Independence Air and Hawaiian Airlines.
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.
In re Qimonda AG
(Bankr. E.D. Va.) Representation of semiconductor company Qimonda AG in its chapter 15 bankruptcy case.
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.