Curtis S. Miller

Co-counsel to DAK Americas in the bankruptcy case of M&G, an international conglomerate of plastic manufacturing companies. Assisted in obtaining court approval of an $800M acquisition of a Corpus Christi Texas manufacturing facility.

Represent the DIP lender, largest creditors, and largest shareholder in the chapter 11 bankruptcy proceedings relating to Suitable Technologies, Inc., a California-based technology developer, manufacturer, and seller of teleconference robots.

Co-counsel to affiliates of Sun Capital in the bankruptcy filing of Marsh Supermarkets, a large regional supermarket.  Assisted in obtaining payment in a tranche of a Sun Capital affiliate’s loan to Marsh Supermarkets and ultimately a settlement of claims alleged by the Official Committee of Unsecured Creditors.

Co-counsel to Bank of America in the chapter 11 bankruptcy filing of Enduro Resources, Inc., a large exploration and production oil company.  Curtis assisted in obtaining court approval of the sale of the majority of Enduro Resource’s assets in 363 sales and the prosecution of a Chapter 11 plan of liquidation.

Co-counsel to Arlon, the equity sponsor of HMR Foods, in defending (a) a lawsuit filed by the Chapter 7 trustee asserting claims of breach of fiduciary duty and fraudulent transfers, and (b) a class action lawsuit brought by former employees seeking damages for alleged violations of the Federal and California WARN acts.

Lead counsel to various landlords in the retail bankruptcy filings of Sears, Payless Shoes, Toys R Us, hhGregg, Golfsmith, The Bon Ton Stores, and Hancock Fabrics.

Served as first chair in defending an affiliate of Panton Equity Partners in numerous lawsuits filed by creditors following the insolvency of a portfolio company related to Panton Equity Partners.  Successfully prosecuted motions to dismiss in unrelated lawsuits pending in the United States District Courts in Florida and Georgia.

Served as first chair to the Foreign Representative of Toshiba Samsung Storage Technology Korea Corporation (“TSST-K”) in its cross-border Chapter 15 bankruptcy filing in the United States.  TSST-K was a Korean joint venture between Toshiba and Samsung that manufactured and sold optical disc devices (e.g., CD-ROM/DVD).  At its high point, TSST-K had revenue of approximately $1.8 billion. 

Co-counsel to an affiliate of H.I.G. Capital in the bankruptcy cases of Xtera Communications Inc.  H.I.G. provided the debtor with DIP financing and ultimately acquired substantially all of the assets of Xtera Communications Inc. in a section 363 sale. 

Counsel to Monogram Foods in a competitive auction and successful acquisition of substantially all of the assets of Golden County Foods, a large processor of meat products in a section 363 sale. 

Co-counsel to the receiver of the assets of Skybridge Spectrum Foundation and certain of its affiliated entities in the bankruptcy filing by the displaced CEO of Skybridge.  The receiver was appointed to safeguard approximately 5,500 FCC spectrum licenses that were in danger of being forfeited as a consequence of an adverse ruling against the CEO of Skybridge by an FCC administrative law judge.  The receiver prevailed on a motion to dismiss the improper bankruptcy filing by the displaced CEO.

Counsel to M&M Management Vennootschap BVBA, creator of the Tomorrowland electronic dance music festivals in Belgium and Brazil, in the bankruptcy cases of SFX Entertainment.  Curtis is advising M&M Management Vennootschap BVBA in connection with the negotiation of numerous agreements that will govern the reorganization of the Tomorrowland and TomorrowWorld festivals, which are some of the largest EMD festivals in the world.

Co-counsel to Tennenbaum Capital Partners in the Fuhu bankruptcy cases. 

Co-counsel to the Export Import Bank of China in the Baha Mar bankruptcy cases.  The Export Import Bank of China prevailed on a motion to dismiss Baha Mar’s bankruptcy cases.

Counsel to the 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. (See Curtis’s article, “Delaware Bankruptcy Court Reins in Hold-Out Leverage,” ABI Journal (May 2015) for more on the significance of the case.)

Co-counsel to the Official Committee of Equity Security Holders in Syms Corp. in the bankruptcy of Syms Corp. and Filene’s Basement and, following confirmation, represented the Reorganized Debtors of Syms Corp. and Filene’s Basement in numerous multimillion dollar asset sales and litigated numerous matters reducing the claims against the Reorganized Debtors by multiple millions of dollars.

Counsel to Wilmington Trust Company, as indenture trustee, in the Catholic Diocese of Wilmington bankruptcy. The indenture trustee was successful in its efforts to obtain full payment for bondholders and negotiated a favorable settlement for the Indenture Trustee under the terms of the plan of reorganization that was confirmed at the end of 2011.

Counsel to Fifth Third Bank as DIP lender to Carl’s Patio and its affiliated debtors during their bankruptcy cases.