James H. Millar

Partner

Overview

James Millar is the co-leader of Faegre Drinker’s corporate restructuring team. Jim has more than 25 years of experience advising bondholders, acquirers and other participants in corporate restructuring and bankruptcy litigation. He regularly represents bondholders in Chapter 11 cases, enforcing their rights under bankruptcy law, creditors’ rights law and contract law. Bondholders value his ability to develop novel and effective strategies to pursue their rights against well-funded debtors or other stakeholders elsewhere in the capital structure.

In the Chapter 11 bankruptcy of Caesars Entertainment Corporation, Jim developed and advanced the legal theory under the Trust Indenture Act during his representation of a group of unsecured bondholders. Other law firms subsequently adopted his theory, which heavily influenced the outcome of the case on bondholders’ challenge to Caesar’s attempt to release guarantees of the bonds without their consent. On a related issue in a precedential case, Jim obtained a favorable reversal from the New York Court of Appeals on behalf of certain minority bondholders on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract.

Representative Experience

  • Represented minority bondholders in obtaining favorable reversal from New York Court of Appeals on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract. See CNH Diversified Opportunities Master Account, L.P. v Cleveland Unlimited, Inc.,36 N.Y.3d 1, 160 N.E.3d 667, 2020 WL 6163305 (2020).
  • Represented unsecured bondholders of Caesars Entertainment Operating Company, Inc.
  • Represented ad hoc group of senior secured lenders in Longview Power LLC Chapter 11 bankruptcy case 
  • Represented ad hoc group of bondholders of Maxcom Telecom
  • Represented ad hoc group of bondholders of SunEdison Inc.
  • Represented bondholder of Nuverra Environmental Solutions, Inc. in a confirmation objection and appeal
  • Represented ad hoc noteholders group in jointly-administered Chapter 11 bankruptcy cases of Woodbridge Group of Companies LLC
  • Represented first lien bondholders/indenture trustee of Energy Future Intermediate Holding Company LLC
  • Represented indenture trustee as special counsel in Norske Skog exchange-offer litigation
  • Represented certain bondholders of Suntech Power Holdings Co, Ltd.
  • Represented the creditors' committee of Frontier Airlines
  • Represented the bondholders of AtheroGenics who commenced an involuntary bankruptcy against the company
  • Represented the Canadian affiliates of Calpine Corporation in the Chapter 11 cases of their U.S. affiliates and in related claims objections and avoidance actions involving hundreds of millions of dollars in claims
  • Represented Travel Centers of America in distressed acquisition of Quaker Steak and Lube
  • Represented the LSTA, SIFMA, and ISDA as amici in the Enron Transferee Litigation

Personal Interests

Jim is a licensed commercial pilot and avid mixed martial arts participant and fan.

Credentials

Bar Admissions

New York

Certifications
  • Jim is a registered professional engineer.
Education

Colorado State University
B.S. (1989)

University of Colorado Law School
J.D. Order of the Coif (1995)

Insights & Events

Insights
Published Articles October 2021

Treatment Of Bankruptcy Claims With Guarantees And The Unusual (But Quite Interesting) Issue Concerning Allocation Of Postpetition Interest

2 min read  
Published Articles September 2021

Why Can’t I Pursue My Fraudulent Transfer Action After the Debtor Files Bankruptcy (and Other Interesting Tidbits)

1 min read  
Media Mentions September 2021

James Millar Speaks With National Law Journal About ‘Equitable Mootness’

1 min read  
Media Mentions May 2021

Distressed Daily: Caesars Case Provides Lessons Six Years Later

1 min read  
Published Articles October 2020

Ultra Petroleum and the Issue of Impairment Under the Bankruptcy Code — The Fifth Circuit’s Analysis Doesn’t Cut It

2 min read  
Updates September 2019

Recovering Fraudulent Transfers: the TOUSA Decision Provides Some Helpful Tools for Expanding the Universe of Potentially Liable Entities

2 min read  
Published Articles October 2018

Does an RSA with Plum Exit Financing Constitute Vote Buying? Examining the Peabody Situation

1 min read  
Published Articles September 2018

Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?

2 min read  
Updates November 1, 2017

Revisiting Good Faith and Fair Dealing Challenges By Non-Participating Holders to Indenture Amendments Effectuated Through Use of Exit Consents

2 min read  
Updates March 8, 2017

Cumulus Media: SDNY Deploys a Negative Inference to Override Express Provision in Credit Agreement

16 min read  

Leadership & Community

Pro Bono

Jim regularly represents restaurant workers who have claims against their employers for violations of labor law when the employers seek to evade their responsibilities through bankruptcy.

Professional Associations

  • Association of Insolvency & Restructuring Advisors
  • Turnaround Management Association

Firm Leadership

  • Co-Leader, Corporate Restructuring Practice Team 
  • Drinker Biddle & Reath LLP — Co-chair, Corporate Restructuring Group, 2019-20

Honors

  • Chambers USA — New York, Bankruptcy/Restructuring, “Recognised Practitioner,” 2019; New York, Bankruptcy/Restructuring, 2021

Awards Methodology

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