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. His clients include official and ad hoc creditors’ committees, bank groups, individual lenders, court-appointed fiduciaries, debtors, and investors that focus on distressed situations.
Mr. Miller advises on 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 is a fellow of the American College of Bankruptcy, an invitation only organization that includes leading practitioners, judges and academics in the field of insolvency law. He is listed as a leading lawyer for Bankruptcy & Restructuring in Chambers Global, Chambers USA, Legal 500 US. Mr. Miller has been recognized by Law360 as an “MVP” of the bankruptcy bar. Turnarounds & Workouts also named him an “Outstanding Restructuring Lawyer” for 2014 and 2015.
In re Southeastern Grocers LLC, et al.(Bankr. D. Del.) Counsel to the ad hoc group of secured and unsecured noteholders in connection with the chapter 11 prepackaged plan of Southeastern Grocers LLC—one of the largest conventional supermarkets in the United States operating under the Winn-Dixie, Bi-Lo, Harveys and Fresco y Más banners—successfully rationalizing its 704-store footprint and restructuring more than $1.5 billion of debt and other obligations, paying unsecured trade creditors in full.
In re Tops Holding II Corporation(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of supermarket retailer Tops Holding II Corporation and affiliates in their chapter 11 cases. The company filed for chapter 11 in February 2018 with over $748 million in funded indebtedness and substantial pension liabilities.
In re Ciber, Inc., et al.(Bankr. D. Del.). Counsel to Ciber, Inc. and its affiliated debtors, industry leaders in information technology, consulting, and outsourcing services, in their chapter 11 cases. Advised the companies in the successful 363 sale of substantially all of their North American and Indian assets for $90.7 million, nearly doubling the initial stalking horse bid, and assisted with the development of a liquidating plan providing for the distribution of sale proceeds and remaining value to stakeholders.
In re Republic Airways Holdings Inc., et al.(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Republic Airways Holdings Inc. and its affiliated debtors in their chapter 11 cases. Republic provides regional passenger services through its wholly owned subsidiaries, Shuttle America and Republic Airlines, which operate approximately 1,000 daily flights through codeshare agreements with United Continental Holdings, Inc., Delta Air Lines, Inc., and American Group, Inc.
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 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 Extended Stay Inc., et al.(Bankr. S.D.N.Y.) Representation of the largest creditor in Extended Stay Inc.’s chapter 11 bankruptcy case, with over $1.5 billion of exposure. Lead counsel for a group of mezzanine lenders owing $3.3 billion by the debtors in the case, seeking and winning dismissal of a lawsuit brought by the litigation trustee. 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 CommitteesRepresentation 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, Hawaiian Airlines, and Global Aviation Holdings.
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.
Chambers Global and Chambers USA Described as “very creative and very responsive” and "very results-focused"; noted for his ability “to bring people together for a consensual resolution.”
Legal 500 USSources note his “practical approach” and ability to “lay out choices clearly with appropriate views on risks and opportunities.”
Law 360 2014MVP of Bankruptcy Bar
Turnarounds & Workouts 2014 & 2015Outstanding Restructuring Lawyer
Turnarounds & Workouts 2003-2006Outstanding Young Restructuring Lawyer
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