Curtis S. Miller

Partner

(302) 351-9412 T
(302) 425-3080 F

Curtis has been recognized as a Rising Star in Delaware Super Lawyers since 2013.

Curtis is a partner with the Business Reorganization & Restructuring Group.  His practice focuses on corporate restructuring, bankruptcy and litigation.  He has been involved in bankruptcy proceedings and litigation on behalf of a variety of national and regional clients, including debtors, creditors and official committees, private equity firms, hedge funds, and lenders.  Curtis currently represents publicly-held and privately-held companies in their efforts to restructure.  He also acts as counsel for both plaintiffs and defendants in various bankruptcy-related litigation matters, including preference, fraudulent transfer, turnover actions, and breach of contract actions.

Curtis also advises clients in out-of-court restructurings, including assignments for the benefit of creditors, Article 9 foreclosures, and state law dissolutions.  These representations have involved debtor and creditor representations in a wide range of industries, including the food, manufacturing, waste water treatment, retail, construction and manufacturing industries.

Curtis devotes a portion of his time to pro bono matters, serving as volunteer counsel in protection from abuse proceedings before the Family Court for the State of Delaware.  He also serves as a member of the Morris Nichols Diversity Committee.

In 2015, The M&A Advisor named Curtis a “40 Under 40 Emerging Leader” in the legal advisor category. He has been also been recognized as a Rising Star in Delaware Super Lawyers since 2013.

Professional Activities

  • American Bankruptcy Institute
  • American Bar Association (Section of Litigation, Bankruptcy & Insolvency Litigation Committee, Co-Chair; Sound Advice Committee; Corporate Counsel Committee, Subcommittee Chair; Bankruptcy Committee, Subcommittee Chair; Leadership Fellow, Diversity Fellowship)
  • Delaware Board of Bar Examiners (Former Assistant Secretary)
  • Delaware State Bar Association
  • Federal Bar Association (Bankruptcy Section of the Delaware Chapter, Co-Chair)

Representative Matters

  • Lead counsel to the foreign representative in the Chapter 15 cross border bankruptcy filing by Toshiba Samsung Storage Technology Corporation, a joint venture between Toshiba and Samsung that was previously a world leader in sales of optical disc drives.
  • Co-counsel to the Official Committee of Unsecured Creditors in the Boomerang Tube bankruptcy cases.  The committee successfully opposed the debtors’ and secured lenders’ proposed plan of reorganization that contemplated an unreasonably low valuation that would have left creditors with zero recovery.  Based on the committee’s opposition, the bankruptcy court rejected the debtors’ and lenders’ valuation, ultimately resulting in a distribution to creditors as part of a plan settlement.
  • Lead counsel to debtor in Seegrid Corporation’s bankruptcy, successfully advising the debtor and prosecuting a plan of reorganization over the objection of a group of equity and noteholders.  This litigation included obtaining an unprecedented ruling from the court limiting objecting parties’ ability to force a valuation trial as part of the confirmation proceedings. The court’s ruling on the motion in limine established a new tool by which debtors can seek to reduce the cost of confirmation challenges.
  • Co-Counsel to the Official Committee of Equity Security Holders of Syms Corp. in the Filene’s Basement bankruptcy proceedings.  The Equity Committee served as a co-proponent of the plan of reorganization pursuant to which equity holders retained their interests in the Reorganized Debtors notwithstanding that not all classes of creditors received payment in full under the plan.
  • Lead counsel to Reorganized Syms Corp. in connection with the sale of a valuable leasehold interest, advising the client through a contested bid process, negotiating with competing bidders, and, over the objection of the landlord, obtaining court approval of a $30M sale, which represented a multiple millions of dollars increase in the sale price.
  • Represented an entity affiliated with Sun Capital Partners as the secured noteholder and equity sponsor of Edwin Watts Golf Shops LLC (“EW”) in EW’s Chapter 11 bankruptcy.  Following significant informal discovery and extended negotiations with key parties and stakeholders, negotiated a favorable settlement resulting in the recovery of significant proceeds from the sale of substantially all of EW’s assets and a release from the debtor, official committee of unsecured creditors, and third parties.
  • Counsel to Southern California Edison in the Solar Trust of America bankruptcy proceedings.  Over objection of the debtors, official committee, and lender, enforced contractual arbitration remedy, leading to favorable settlement for client.

Debtor and Statutory Committee Representations

  • Toshiba Samsung Storage Technology Corporation - Represented Foreign Representative of Debtor
  • Boomerang Tube – Represented Statutory Committee of Unsecured Creditors
  • Seegrid Corporation – Represented Debtor
  • Oakwood Homes – Represented Debtors and subsequently Liquidation Trust
  • Jillian’s Entertainment – Represented Official Committee of Unsecured Creditors and subsequently Plan Administrator
  • USG – Co-counsel to Statutory Committee of Equity Security Holders
  • Zodiac Pools – Co-counsel to Foreign Representative in Chapter 15 Cases
  • Filene’s Basement – Co-counsel to Statutory Committee of Equity Security Holders of Syms Corp. and subsequently Reorganized Debtors

Creditor Representations

  • Carl’s Patio – Counsel to Fifth Third Bank as DIP Lender
  • Lyondell – Represented Co-Generation Counterparty of Major Power Plant
  • Specialty Products Holding Corp. – Co-counsel to Parent of Debtors
  • EW Golf Holdings – Co-counsel to Affiliate of Sun Capital Partners
  • Life Uniform – Co-counsel to Affiliate of Sun Capital Partners
  • Scooter Store – Co-counsel to Affiliate of Sun Capital Partners
  • Blockbuster – Counsel to landlord in Blockbuster Chapter 11 proceedings
  • Bally’s Fitness – Counsel to landlord in Bally’s Chapter 11 proceedings

News

16 Morris Nichols Attorneys Selected for Inclusion in 2017 Delaware Super Lawyers

Wilmington, DE (May 12, 2017) – Sixteen Morris Nichols attorneys have been selected for inclusion to the 2017 Delaware Super Lawyers list.  William M. Lafferty was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, Kimberly Gill McKinnon, D. McKinley (Mac) Measley, and Curtis S. Miller were... Continue Reading

17 Morris Nichols Attorneys Selected for Inclusion in 2016 Delaware Super Lawyers

Wilmington, DE (May 13, 2016) – Seventeen Morris Nichols attorneys have been selected for inclusion to the 2016 Delaware Super Lawyers list.  Jack B. Blumenfeld was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, D. McKinley (Mac) Measley, Curtis S. Miller, and Matthew R. Clark were recognized as... Continue Reading

Two Morris Nichols Attorneys Announced As Winners of the 6th Annual 40 Under 40 Emerging Leader Awards

Wilmington, DE (May 20, 2015) – The M&A Advisor announced the winners of the 40 Under 40 Emerging Leaders Awards on Monday, May 18, 2015. Morris, Nichols, Arsht & Tunnell LLP partners Eric S. Klinger-Wilensky and Curtis S. Miller were both named winners for the Legal Advisor Category. The M&A Advisor, renowned globally for its... Continue Reading

16 Morris Nichols Attorneys Selected for Inclusion in 2015 Delaware Super Lawyers

Wilmington, DE (May 15, 2015) – Sixteen Morris Nichols attorneys have been selected for inclusion to the 2015 Delaware Super Lawyers.  Jack B. Blumenfeld was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, Curtis S. Miller and Matthew R. Clark were recognized as 2015... Continue Reading

17 Morris Nichols Attorneys Selected For Inclusion in Super Lawyers- Delaware Edition 2014

Wilmington, DE (May 19, 2014) – 17 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013. Jack Blumenfeld and A. Gilchrist Sparks, III, were named to the Best of the Best Top 10 Delaware Super Lawyers list. In addition, attorneys Eric Klinger-Wilensky and Curtis Miller were recognized as 2014 Delaware... Continue Reading

22 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers - Delaware Edition 2013

Wilmington, DE (May 23, 2013) – 22 Morris Nichols attorneys have been selected for inclusion in Super Lawyers - Delaware Edition 2013.  Rick Alexander and A. Gilchrist Sparks, III, were named to the Best of the Best Top 10 Delaware Super Lawyers list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who... Continue Reading

Curtis Miller Appointed Co-Chair of the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association

Wilmington, DE (November 1, 2011) – Curtis Miller, Morris Nichols Business Reorganization & Restructuring associate, has been appointed Co-Chair of the Bankruptcy Section of the Delaware Chapter of the Federal Bar Association. The mission of the Federal Bar Association, founded in 1920, is to strengthen the federal legal system and... Continue Reading

Articles

The Importance of Good Corporate Form: Preventing the Involuntary Distribution of Your Assets to Creditors of a Bankruptcy Affiliate or Subsidiary

Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, “The Importance of Good Corporate Form: Preventing the Involuntary Distribution of Your Assets to Creditors of a Bankruptcy Affiliate or Subsidiary,” The Journal of Private Equity...

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Events

ABI 12th Annual Mid-Atlantic Bankruptcy Workshop

8.4.2016 through 8.6.2016 in Cambridge, MA - Business Reorganization & Restructuring
Curtis S. Miller

The American Bankruptcy Institute hosts the 12th Annual Mid-Atlantic Bankruptcy Workshop from August 4-6, 2016 in Cambridge, Md.  On Friday, August 5, Morris Nichols partner Curtis Miller joins the panel “To Appoint or Not Appoint When Managing Bankruptcy,” discussing the standards for chapter 11 trustee appointments. Opportunities for CLE... Continue Reading

2016 Delaware Bench & Bar Conference

The Delaware Chapter of the Federal Bar Association, in conjunction with the Federal Circuit Bar Association, will host the 2016 Delaware Bench & Bar Conference in Wilmington, Del., from May 19-20. The two-day conference features appellate, district and bankruptcy judges from around the United States as well as nationally recognized... Continue Reading

The Knowledge Group Webinar: Significant Issues in Distressed Debt and Restructurings

Morris Nichols partner Curtis Miller will serve as a speaker for a webcast entitled “Significant Issues in Distressed Debt and Restructurings", on May 20, 2014, from 10:00AM-12:00PM. Curtis will be joined on the panel by Richard M. Nugent, a partner at Cadwalader, Wickersham & Taft, Harvey Berenson, Managing Director at FTI... Continue Reading

Getting Paid: A Discussion of the Ins and Outs of the Revised United States Trustee Fee Guidelines

As Co-Chair of the Bankruptcy Section of the Federal Bar Association, Curtis Miller, Morris Nichols Business Reorganization & Restructuring partner, developed the program “Getting Paid: A Discussion of the Ins and Outs of the Revised United States Trustee Fee Guidelines” hosted at Morris Nichols on Sept. 25, 2013. Gregory Werkheiser,... Continue Reading