Evan T. Miller is a director at Bayard. 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 insurance, restaurants, retail, healthcare, energy, and education, among many others. In addition to in-court and out-of-court restructuring matters, Evan has experience handling commercial litigation in Delaware, New Jersey, and Pennsylvania jurisdictions, as well as Delaware Statutory Trust matters. 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.
Evan has been recognized by Super Lawyers magazine as a Delaware Rising Star in the practice area of business bankruptcy. Evan was also named to Benchmark Litigation’s 2019 40 and Under Hot List for his work in bankruptcy litigation, a practice which expands across the country.
Evan created and maintains the Avoidance Action Update Blog at avoidanceactionupdate.bayardlaw.com, which tracks the latest developments in avoidance action case law and jurisprudence.
Evan is very active in the tri-state legal community, currently serving as Chairman of the Turnaround Management Association NextGen Philadelphia chapter (whose scope covers the Philadelphia metro area, the state of Delaware, and southern New Jersey), Assistant Secretary/Treasurer of Delaware Bankruptcy American Inn of Court, and currently the Secretary and Treasurer of the Business Law Section for the Philadelphia Bar Association, of which he was formerly the Communications Chair. Previously, Evan served as Chairman and Treasurer of the Delaware State Bar Association’s (DSBA) Young Lawyer Section during the 2013-14 and 2014-15 terms respectively, Vice Chair of the Bankruptcy Committee for the American Bar Association’s Young Lawyer Division for the 2014-15 term, and Chair of the Philadelphia Bar Association’s Bankruptcy Committee.
Evan currently serves as one of two member contacts for Meritas, an invitation-only international alliance of over 175 business law firms located in over 80 countries. Bayard is the sole Delaware member of Meritas.
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. Following graduation from Bloomsburg, he worked for a mid-Atlantic region recruiting firm.
Recent Speaking Engagements:
•Panelist, TMA Philadelphia/Wilmington Chapter event, Delaware CLE and Cocktails, October 2018
•Panel Coordinator, American Bankruptcy Institute Spring Meeting, Stern Revisited: In Re Millennium Lab Holdings and Beyond, April 2018
•Panelist, TMA Mid-Atlantic Regional Symposium, NextGen - What's Ahead for 2017, June 2017
•Moderator, Philadelphia Bar Association, Lunch with the Bankruptcy Judges, October 2016
•Moderator, Delaware State Bar Association, Fundamentals of Lawyer-Client Relations, February 2015.
•Philadelphia Bar Association, Adventures In Avoidance Actions: What You Need to Know to Navigate Preference and Fraudulent Transfer Litigation, December 2014.
•Moderator, Philadelphia Bar Association Bankruptcy Committee, Lunch with the Bankruptcy Judges, May 2014.
News
Evan Miller Elected to Philadelphia Bar Association’s Business Law Section Executive Board
Three Bayard Directors Recognized by Benchmark Litigation
Bayard Attorneys Named 2019 Super Lawyers and Rising Stars
Bayard Elects Erin Fay and Evan Miller as Directors of the Firm
Evan Miller Speaks at Delaware TMA Event
Bayard Case Recognized at 2018 Turnaround Atlas Awards
Bayard Selected as Delaware Counsel to the Applebee’s Franchisee RMH Franchise Holdings Unsecured Creditors Committee
Bayard Attorneys Receive Recognition at Federal Re-Entry Court Ceremony
Twelve Bayard Attorneys Named to 2018 Delaware Super Lawyers List
Evan T. Miller Serves on Planning Committee for ABI Panel
Bayard Selected as Counsel to the SeaStar Holdings’ Unsecured Creditors Committee
Evan Miller Attends 2017 Celebration of Excellence Event at the Supreme Court of the United States
Bayard’s Evan Miller Weighs in on Restructuring in Retail
Energy Future Takes Highest Bidder
Bayard’s Evan Miller Speaks at TMA Conference in Atlantic City
Bayard Attorneys Named as 2017 Super Lawyers and Rising Stars
Committee Chaired by Bayard’s Evan Miller Wins Award at Philadelphia Bar Association’s Annual Reception
Bayard’s Evan Miller Appointed to the Executive Committee of the Business Law Section of the Philadelphia Bar Association
Bayard Contributes to DSBA’s Young Lawyers Section 9th Annual Toys for Tots Drive
Bayard Selected as Co-Counsel to the Official Committee of Unsecured Creditors of Xtera Communications, Inc.
Bayard Selected as Co-Counsel to the Official Committee of Unsecured Creditors of American Apparel, LLC
Bayard’s Evan Miller Moderates Luncheon with the Chief Judge of the Bankruptcy Court for the Eastern District of Pennsylvania
Bayard Serves as Lead Counsel to Verengo, Inc. in its Chapter 11 Case
Delaware Bankruptcy Court Confirms Plan and Approves Sale of Axion International, Inc., et al.
Bayard Attorneys Glassman, Cousins, Brauerman, Alberto, Swasey, Miller and Tiradentes Named to 2016 Delaware Super Lawyers Lists
Bayard’s Avoidance Action Update Blog Launches
Bayard Attorneys Contribute to New Lawyers’ Survival Guide for Supreme Court of Delaware Pre-Admission Conference
Bayard’s Evan Miller Assists in Planning the 3rd Annual TMA NextGen Networking for a Cause
Bayard’s Evan T. Miller Attends the 2015 ABA Annual Meeting as Delaware Delegate to the Young Lawyers Division
Bayard’s Evan T. Miller Elected Assistant Secretary/Treasurer of the Delaware Bankruptcy American Inn of Court
Bayard’s Evan Miller Appointed Chairman of the TMA NextGen Philadelphia Chapter
Bayard’s Evan Miller Serves as Moderator for Delaware State Bar Association’s CLE Event on Lawyer-Client Relations
Bayard Selected as Delaware Counsel to the Official Committee of Unsecured Creditors in In re Cache, Inc., et al.
Bayard Selected as Delaware Counsel to the Official Committee of Unsecured Creditors in In re Endeavour Operating Corporation, et al.
Evan T. Miller Speaks at Philadelphia Bar Association CLE Event on Avoidance Actions In Bankruptcy
Bayard’s Evan T. Miller Attends 2014 TMA NextGen Leadership Meeting
Evan T. Miller Speaks at 2014 Delaware Supreme Court Pre-Admission Conference on Behalf of the Delaware State Bar Association
Bayard’s Evan T. Miller Attends 2014 TMA Annual Conference
Bayard Associates Donate Time to Cancer Support Community
Bayard’s Evan T. Miller Elected Chairman of the Executive Board of the Delaware State Bar Association’s Young Lawyers Section
Bayard Substituted as Lead Counsel to Capsule International Holdings
Bankruptcy Associate Evan T. Miller Appointed to ABI Committee Leadership
Evan Miller Co-Hosts PBA’s Bankruptcy Committee Luncheon with the Bankruptcy Judges of the Eastern District of Pennsylvania
ABI’s Unsecured Trade Creditors Committee Newsletter Publishes Evan T. Miller’s Article on the Third Circuit’s Friedman’s Decision
Evan T. Miller Attends American Inns of Court’s Leadership Summit as a Representative of the Delaware Bankruptcy Inn of Court
Bayard Contributes to DSBA’s Young Lawyers Section 6th Annual Toys for Tots Drive
Evan T. Miller’s Article on Preference Actions Published in the ABI’s Young & New Members Committee Newsletter
Bayard Attorneys Attend ABI Winter Leadership Conference
Bayard’s Evan T. Miller Appointed to Governing Committee for TMA NextGen’s Philadelphia Chapter
Bayard’s Evan T. Miller Attends the American Inns of Court’s Celebration of Excellence at the United States Supreme Court
Bayard’s Evan T. Miller Attends the 2013 Meritas U.S. Regional Meeting
Bayard’s Evan T. Miller Elected to Executive Board of the Delaware State Bar Association’s Young Lawyers Section
Bayard’s Evan T. Miller Elected to Executive Board of the Delaware Bankruptcy American Inn of Court
Bayard and Attorney Evan Miller Acknowledged in The Journal of the Delaware State Bar Association for their Contributions to the 8th Annual DSBA Race Judicata 5K
Evan T. Miller Appointed to the Federal Bar Association’s Publications Committee of the Young Lawyers Division
Bayard Sponsors ABI’s Winter Leadership Conference
Bayard Sponsors the American Bankruptcy Institute’s 2012 Mid-Atlantic Workshop
Bayard Associates Justin Alberto and Evan Miller Serve as Panelists for a Discussion during The “3L + 1” Program at Widener University School of Law on November 8, 2011
Bayard Attorneys to Participate in the Cycle for Survival Fundraiser in New York City on February 12, 2011
Bayard Attorneys Attend the American Bankruptcy Institute’s Mid-Atlantic Bankruptcy Workshop
Bayard’s Evan T. Miller and Vanessa R. Tiradentes Admitted to Pennsylvania and New Jersey Bars
Bayard Attorneys Attend the ABI’s Annual Spring Meeting
Bayard Attorneys Evan T. Miller and Vanessa R. Tiradentes Admitted to Delaware Bar
Bayard is Acting as Delaware Counsel to the Official Committee of Unsecured Creditors in the Capmark Financial Group Chapter 11 Case (09-13684)
Bayard Congratulates New Associates
Legal Updates
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
Violin Memory Inc.’s Chapter 11 Bankruptcy Case Confirmed by Delaware Judge
Delaware Bankruptcy Court Confirms Plan and Sale of Verengo, Inc.
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
New Post Added to the Avoidance Action Update Blog
Judge Gross Denies Motion to Transfer Venue of Adversary Proceeding Involving Fraudulent Schemes Committed in New Jersey
Judge Sontchi Rules Preferential Transactions Were Made in the Ordinary Course of Business Notwithstanding Earlier Ruling Adverse to Defendant at Summary Judgment Stage
Judge Carey Denies Motion to Enforce Plan Injunction
Judge Gross Issues Venue Opinion in Caesars Bankruptcy - Holds Cases Shall Proceed in the Northern District of Illinois
Judge Sontchi Holds that Pending Intervention Motion Will Not Stay a Stipulated Dismissal
Judge Sontchi Applies Third Circuit’s Friedman’s Holding in Granting Summary Judgment for Preference Defendant
A Victory for Preference Defendants: Third Circuit Affirms Friedman’s Holding and Holds Post-Petition Payments Do Not Affect the Calculation of a Creditor’s New Value Defense
Chief Judge Gross Dismisses Adversary Proceeding Under FRBP 7012(b)(6),(7)
Judge Walrath Rules in Favor of Preference Creditor Due to Successful Ordinary Course of Business Defense
Judge Walsh Overrules Objection to Final Fee Application of Debtors’ Counsel
Judge Carey Dismisses Third-Party Cross-Claim Asserting Delaware ‘Resulting Trust’
Judge Stark Dismisses Appeal of Bankruptcy Court Settlement Order as Equitably Moot
Non-Core Adversary Proceeding Dismissed Where Defendant and Debtor’s Pre-Petition Contract Contained Valid Forum Selection Clause
Former Employee’s Claims for Bonus Payments Disallowed Where Bonus Was a Mere Expectancy
DIP Lien Doesn’t Prime Mechanics’ Liens Perfected Prior to Entry of Final DIP Order
Judge Walsh Approves Debtors’ Motion to Make Employee Bonus Payments
Judge Sontchi Grants in Part and Denies in Part Defendants’ Motion to Dismiss Debtors’ Claims Against Purchasers of Assets from Debtors’ Previous Bankruptcy
Judge Walrath Grants Defendant’s Motion to Dismiss Preference Action for Failure to Sufficiently Identify Transferor With Leave to Amend
Judge Walsh Denies Multiple Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction
Creditor Granted Stay Relief to Foreclose on Debtor’s Real Property
Delaware Bankruptcy Court Transfers Cases to Illinois
Court Issues General Order Governing Protocol for the Employment of Claims and Noticing Agents Under 28 U.S.C. 156(c).
Third Circuit Limits Debtors’ Ability to Modify or Terminate Retiree Benefits Except Through 11 U.S.C. 1114
Fraudulent Transfer Complaint Survives Motion to Dismiss Where Transferee is an Insider and Receives Transfers Within Two Years of Petition Date
Third Circuit Affirms Award of Attorney’s Fees - No Conflict of Interest In Representing Both the Debtor Under Chapter 11 and Debtor’s Sole Shareholder Under Chapter 13
Publications
Averting the Pitfalls of Customer Claims, Noticing in Retail Bankruptcies
Chief Judge Stark (D. Del.) Issues a Pair of Opinions Addressing New Value, Ordinary Course of Business, and Earmarking Defenses (Part II)
The New Lawyers’ Survival Guide
The Third Circuit Draws a Line in the Sand on New Value in Friedman’s
Liquidation Trusts
Priming Setoff Rights
