Brett H. Miller

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8268
F 212 728 8111
bmillerwillkie.com

Brett is the Firm’s Global Head of Creditor Rights and a partner in the Business Reorganization & Restructuring Department. His clients include official and ad hoc creditors’ committees, bank groups, individual lenders, court–appointed fiduciaries, debtors, and investors that focus on distressed situations.

Brett 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.

Brett 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, and Legal 500 US. Brett has been recognized by Law360 as an “MVP” of the bankruptcy bar. Turnarounds & Workouts also named him an “Outstanding Restructuring Lawyer.”

Brett is the Firm’s Global Head of Creditor Rights and a partner in the Business Reorganization & Restructuring Department. His clients include official and ad hoc creditors’ committees, bank groups, individual lenders, court–appointed fiduciaries, debtors, and investors that focus on distressed situations.

Brett 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.

Brett 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, and Legal 500 US. Brett has been recognized by Law360 as an “MVP” of the bankruptcy bar. Turnarounds & Workouts also named him an “Outstanding Restructuring Lawyer.”

Selected Significant Matters

Brett has advised on the following significant matters*:

  • In re Grupo Aeroméxico, S.A.B. de C.V.: (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Grupo Aeroméxico, S.A.B. de C.V. and its affiliated debtors in their chapter 11 cases. Aeroméxico is the leading airline in Mexico and prior to the Covid-19 pandemic, it offered approximately 4,000 weekly passenger flights to 42 destinations in Mexico and 41 destinations in the United States, Canada and abroad. Aeroméxico generated $3.1 billion in annual revenues during 2019 and had approximately 14,750 employees and $1.9 billion in funded debt as of its petition date.
  • In re Avianca Holdings S.A.: (Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Avianca Holdings S.A. and its 38 affiliated debtors in their chapter 11 cases. Avianca is the largest airline in Colombia and El Salvador and the second largest in Latin America. Prior to the Covid-19 pandemic, Avianca offered passenger services on more than 5,350 weekly flights to more than 76 destinations in 27 countries, and generated approximately $3.9 billion in annual revenues. As of the petition date, Avianca had approximately 18,900 employees and reported outstanding indebtedness of approximately $5.4 billion.
  • In re EP Energy: Counsel to the ad hoc group of senior secured noteholders, and special counsel to the indenture trustee, in the chapter 11 cases of EP Energy, an oil and gas exploration company with assets in Texas and Utah and more than $4.5 billion of debt and other obligations.
  • In re Sanchez Energy: Counsel to the ad hoc group of first lien noteholders, as noteholders and backstop DIP lenders, in the chapter 11 bankruptcy of Sanchez Energy Corp., a Houston-based exploration and production company, with over $2.275 billion in funded debt.
  • 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 – 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 Aceto: Counsel to ad hoc group of convertible noteholders and Wilmington Trust as special counsel in connection with the chapter 11 cases of Aceto, a global generic drug manufacturing and chemical distribution company, in the U.S. Bankruptcy Court for the District of New Jersey.
  • 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 was the 10th largest bankruptcy in the U.S. at the time 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 General Growth Properties, Inc., et al.: (Bankr. S.D.N.Y.) Counsel to Eurohypo Bank AG’s New York Branch as agent and the bank group that had more than $2.6 billion of exposure to GGP.
  • In re Extended Stay, Inc., et al.: (Bankr. S.D.N.Y.) Counsel to the largest creditor in Extended Stay Inc.’s chapter 11 bankruptcy case, with over $1.5 billion of exposure. After the Litigation Trust commenced a fraudulent conveyance lawsuit, became lead counsel for a group of mezzanine lenders owed $3.3 billion and won dismissal of the lawsuit. Extended Stay is the largest bankruptcy filing in the history of the hospitality industry with nearly $8 billion in debt.
  • In re Los Angeles Dodgers LLC, et al.: (Bankr. D. Del.) Counsel to 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 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 Hawaiian Telecom Communications, Inc., et al.: (Bankr. D. Haw.) Counsel to the official committee of unsecured creditors of Hawaiian Telcom, the leading provider of telecommunications services in the State of Hawaii.
  • Airline Official Committees: Counsel to 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, Global Aviation Holdings, and Republic Airways Holdings.
  • In re Qimonda AG: (Bankr. E.D. Va.) Counsel to semiconductor company Qimonda AG in its chapter 15 bankruptcy case.

* Brett advised on some of these matters prior to joining Willkie.

Prior Experience

Prior to joining Willkie in 2021, Brett was a restructuring partner at Morrison & Foerster LLP, where he also served as Managing Partner of the New York office, and co–chair of the Distressed Real Estate Group.

Recognition, Honors & Awards

  • Bankruptcy and Restructuring (NY and National) – Chambers USA (2021)
  • Bankruptcy and Restructuring – Chambers Global (2021)
  • Notable Practitioner – IFLR 1000 (2020)
  • Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization law – Best Lawyers (2020 - 2022)

Recognition, Honors & Awards

  • Bankruptcy and Restructuring (NY and National) – Chambers USA (2021)
  • Bankruptcy and Restructuring – Chambers Global (2021)
  • Notable Practitioner – IFLR 1000 (2020)
  • Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization law – Best Lawyers (2020 - 2022)
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