Evan T. Miller
600 N. King Street
Wilmington, DE 19801
Tel: +1 302-429-4227
Evan concentrates his practice in the areas of corporate bankruptcy and restructuring, representing debtors (both voluntary and involuntary) and trustees, in addition to asset purchasers, landlords, official committees of unsecured creditors, secured creditors, vendors, and preference and fraudulent transfer litigants in bankruptcy courts across the country. His clientele stems from a wide range of industries, including aviation, restaurants, insurance, retail, healthcare, energy, and education, among many others, and he has worked with them on both in-court and out-of-court restructuring matters.
He is a frequent speaker and author on these topics and others in the restructuring space, including cryptocurrency and the treatment of virtual assets in bankruptcy. Evan is also a certified mediator for the United States Bankruptcy Court for the District of Delaware and is included on the Register of Mediators and Arbitrators maintained by the Court. He has also served as an expert witness in the areas of restructuring and insolvency.
Evan created and maintains the Avoidance Action Update Blog at www.bayardlaw.com/blog, which tracks the latest developments in avoidance action case law and jurisprudence.
Before joining Bayard, Evan graduated cum laude from the Delaware Law School, as well as with Honors from the Delaware Law School’s Institute of Delaware Corporate and Business Law. While in law school, Evan served as the Internal Managing Editor of the Widener Law Review for the 2008-2009 academic year. He was also on the executive board of the Moe Levine Trial Advocacy Honor Society, serving as New Member Competition Chairperson, and being awarded Outstanding Executive Board Member during that time. During 2006-2007, Evan served as a legal intern to the Honorable Chandlee Kuhn, Chief Judge of the Family Court of the State of Delaware. In his final year of law school, Evan served as a judicial extern to the Honorable Jane R. Roth of the United States Court of Appeals for the Third Circuit.
Prior to law school, Evan was the recipient of the John J. Serff academic scholarship and a member of several honor societies while attending Bloomsburg University.
- Kettner Investments, LLC – lead debtor’s counsel to long-term equity investor in companies engaged in the legal hemp industry and pharmaceutical drug and medical tests development, including tests for the COVID-19 virus.
- American Blue Ribbon Holdings, LLC – co-counsel to debtor restaurant chain comprised of more than 170 locations. Oversaw reorganization of the same following the onset of the COVID-19 pandemic.
- Superior Air Charter, LLC – lead debtor’s counsel to FAA certified Part 135 charter air carrier, confirming a plan of reorganization within 4.5 months of filing and restructuring approximately $70 million of debt.
- Life Settlements Absolute Return, LLC – co-counsel to special purpose vehicle debtor created to invest in life insurance policies in the life settlement market. Concluded a sale of all assets.
- Verengo, Inc. – debtor’s counsel to residential solar panel installer, which was at one time one of the largest such companies in the United States. Confirmed plan of reorganization within 7 months of petition date.
- Parallel Energy LP – co-counsel to oil and gas debtor engaged in acquiring, owning, developing and operating long-life oil and natural gas properties in Texas and Oklahoma. Case resulted in the sale of substantially all of the debtor’s assets under 11 U.S.C. § 363.
- Arandell Holdings, Inc. – co-counsel to unsecured creditors committee for commercial printing company.
- Libbey, Inc. – co-counsel to unsecured creditors committee for tableware manufacturer and distributor.
- Xtera Communications Inc. – co-counsel to unsecured creditors committee for network infrastructure company that provided transport solutions to telecommunications service providers, content service providers, data center operators, enterprises and government entities.
- SeaStar Holdings Inc. – counsel to unsecured creditors committee for San Juan-based passenger airline.
- Endeavour Operating Corp. – co-counsel to unsecured creditors committee for independent oil and gas exploration and production company
- Mallinckrodt – co-counsel to indenture trustee for $1.6 billion Senior Notes in opioid bankruptcy.
- Geokinetics, Inc. – co-counsel to liquidating trustee for geoscience services provider to the oil and gas industry.
- Verengo, Inc. – counsel to trustee formed following confirmation of plan of reorganization. Oversaw litigation of numerous fraudulent transfer and preference action matters, as well as final claims reconciliation.
- Stirling Energy Sys., Inc. – co-counsel to Chapter 7 trustee for the estate of renewable energy company.
- American Remanufacturers, Inc. – co-counsel to Chapter 7 Trustee for the estate of auto parts supplier.
- YouFit Health Clubs, LLC – counsel to landlord in fitness club bankruptcy.
- Ascena Retail Group, Inc. – counsel to landlord in retail bankruptcy.
- 24 Hour Fitness Worldwide, Inc. – co-counsel to landlord in fitness club bankruptcy.
- Earth Fare, Inc. – counsel to landlord in grocer bankruptcy.
- The Krystal Company – counsel to landlord in restaurant bankruptcy.
The United States Bankruptcy Court for the District of Delaware is one of the foremost bankruptcy venues in the country. It is a forum of choice for many businesses because of the legal sophistication, responsiveness and efficiency of it Bankruptcy Judges. It is also a forum of choice because Delaware is the domicile of many business entities formed under Delaware law.
Bayard attorneys have practiced bankruptcy in the United States Bankruptcy Court for the District of Delaware, and elsewhere, for three decades. They have many years of experience in the field of commercial bankruptcy and are conversant with its evolution. They are intimately familiar with bankruptcy practices, procedure and expectations in the Delaware Bankruptcy Court. They are also knowledgeable regarding capital markets and Delaware business entity law, areas of practice that are frequently implicated in bankruptcy cases.
Bayard also routinely represents trustees, purchasers, landlords and creditors, as well as parties subject to avoidance and other litigation proceedings, in bankruptcy cases. Its attorneys have also represented several committees of retired employees.
Bayard provides bankruptcy legal services in cases across a broad spectrum of business sectors including: energy and utilities, financial services and banking, chemical, manufacturing, insurance, automotive, airline, transportation, professional services, communications, tourism, municipal, retail, construction, packaging, technology, electronics, healthcare, media, fast food and real estate.
The firm combines the experience in complex legal transactions and litigation found in larger firms with the accessibility and personal attention typical of smaller firms. We make it our mission to understand our clients’ business or personal legal challenges without the inefficiencies associated with multiple layers of professionals. At Bayard, we are committed to our clients’ success through innovative approaches to their most demanding business and legal challenges.
Additionally, we are the exclusive Delaware member of Meritas®, the world’s largest international affiliation of independent commercial law firms. Our Meritas membership provides us and our clients with immediate access to legal and business expertise throughout the world.