Stephen M. Miller

Steve Miller is a partner in the Bankruptcy and Creditors' Rights Group at Morris James. He previously served as chair of the group for 20 years. Steve has more than 30 years of experience representing clients in high-value bankruptcy, creditors' rights, business, and transactional matters. He is widely recognized by his clients and peers as a leading lawyer in the field of bankruptcy and restructuring.

In bankruptcy matters, Steve represents purchasers of assets, trustees, debtors, creditors’ committees, and secured and unsecured creditors, including landlords, equipment lessors, financial institutions (including pre-petition lenders, issuers of letters of credit, DIP lenders, and insurance premium finance companies), intellectual property licensors, franchisees, indenture and owner trustees, and vendors in large, complex Chapter 11 reorganizations. He also represents parties in adversary proceedings, including defendants in preference and fraudulent transfer actions. Outside of bankruptcy, Steve assists creditors in enforcing their rights against debtors, including through foreclosure, replevin, garnishment, execution, and levy.

In his transactional practice, Steve handles financing, franchising, and the use of Delaware business entities, including limited liability companies and limited partnerships. He serves as Delaware counsel in domestic and international business transactions, including aircraft financing and real estate. His practice includes rendering third-party legal opinions as to matters of Delaware state law and United States federal law.

Steve has served as a mediator for the United States Bankruptcy Court for the District of Delaware. As a mediator, Steve used his broad business and legal experience and knowledge to assist parties in attempting to reach a mutually satisfactory resolution.

Chambers USA 2021 describes Stephen Miller as a practitioner who “attracts a broad client base with his restructuring practice, advising parties such as debtors, creditors and stalking horse bidders” and further includes client comments: "He is an excellent bankruptcy attorney with thorough knowledge of the law and local practices." "I couldn't be more impressed with Stephen's diligence, responsiveness and expertise. He has become an integral part of my trial team, helping to craft strategy and weigh in on every aspect of a case. In other editions of Chambers USA, Steve’s clients have similarly described his expertise: “superior strategist” (2017); “extremely knowledgeable and strategic in his actions” (2013); “[his] dedication, determination, attention to detail, responsiveness, and broad business and legal knowledge” (2012); “deep, substantive knowledge of the law” (2011); “[his] smart, diligent and solid approach” (2008); “[his] extensive knowledge, dedication and approachability” and “[he is] able to listen and work in our best interests” (2007); and his ability to be “firm and helpful in finding solutions” and providing advice in terms of “what makes sense from a financial point of view” (2006).

Professional Affiliations

Delaware State Bar Association, Bankruptcy, Commercial, Corporate and Real and Personal Property Law Sections
Delaware Bankruptcy American Inn of Court, Master of the Bench
American Bar Association, Business Law Section
American Bankruptcy Institute
Federal Bar Association

Vendor's Counsel

• Fresh & Easy, LLC
• AWI Delaware, Inc.
• Samson Resources Corporation
• Bonanza Creek Energy, Inc.
• Mineral Park, Inc.
• VeraSun Energy Corporation
• SemCrude, LP
• Commissary Operations, Inc.

Creditors’ Committee's Counsel

• TLC Vision (USA) Corporation
• MAXjet Airways, Inc.

Insurance Premium Finance Company's Counsel

• Marsh Supermarkets Holdings, LLC
• Rock Creek Pharmaceuticals, Inc.
• Limited Stores Company, LLC
• Quantum Foods, LLC
• WP Steel Venture, LLC
• 38 Studios, LLC; ALC Holdings LLC
• Viashow, Inc.
• GunnAllen Financial, Inc.
• Dan River Holdings LLC
• Smurfit-Stone Container Corporation
• Flying J Inc.
• HomeBanc Mortgage Corporation
• Premium Papers Holdco, LLC
• Synova Healthcare, Inc.
• InPhonic, Inc.
• Medifacts International, Inc.
• InSight Health Services Holdings Corp.

Prepetition and/or Postpetition DIP Lender’s Counsel

• La Paloma Generating Company
• Evergreen International Aviation, Inc.
• ProtoStar Ltd.
• Qimonda Richmond, LLC
• NWL Holdings, Inc.
• Motor Coach Industries International, Inc.
• Jevic Holding Corp.
• Friedman’s, Inc.

Landlord's Counsel

• Wickes Holdings, LLC
• Hancock Fabrics, Inc.
• Crafts Retail Holding Corp.

Indenture Trustee's Counsel

• Texas Competitive Electric Holdings Company LLC
• Nortel Networks, Inc.
• Washington Mutual, Inc.
• Atlas Air, Inc.

Owner Trustee's Counsel

• Northwest Airlines Corporation

Debtor's Counsel

• Punch Bowl Social (PBS BrandCo LLC)
• World Health Alternatives, Inc.

Purchaser’s Counsel

• Rentech WP U.S., Inc.
• ZLOOP, Inc.
• Indianapolis Downs, LLC
• Easy Gardener Products, Ltd.
• American Remanufacturers, Inc.

Intellectual Property Licensor/Licensee’s Counsel

• Venoco, Inc.
• Chaparral Energy, Inc.
• Emerald Oil, Inc.
• Halcon Resources Corporation
• Magnum Hunter Resources Corporation
• Bonanza Creek Energy, Inc.
• Swift Energy Company
• Maxus Energy Corporation
• Penn Virginia Corporation
• Samson Resources Corporation
• Bionol Clearfield, LLC

Honors

Best Lawyers, 2013 - Present

Chambers USA, Recognized for Bankruptcy/Restructuring, 2004, 2006 - Present

Delaware Today Top Lawyers, Bankruptcy Business, 2002, 2019 - Present

Top 75 “Power Attorneys,” 2004