James H Millar

September 16, 2022 | New York Law Journal

Bankruptcy courts continue to disagree about whether a provision in a subordination agreement that purports to allow the senior creditor to vote the subordinated creditor's claim is enforceable.

By James H. Millar

8 minute read

September 29, 2021 | New York Law Journal

Why can't a creditor pursue its state law fraudulent transfer rights against a non-debtor? As we will see, the underlying reasoning for this proposition is subject to some disagreement, and can lead to some interesting questions.

By James H. Millar

8 minute read

September 21, 2018 | New York Law Journal

Explore why the Fifth Circuit's forthcoming decision in 'Ultra Petroleum' will have broad application.

By James H. Millar

8 minute read

December 03, 2012 | New York Law Journal

James H. Millar, a partner at Wilmer Cutler Pickering Hale and Dorr and Neil Steinkamp, a director at Stout Risius Ross, write that courts have routinely recognized that forbearance can comprise a component of reasonably equivalent value with respect to a fraudulent transfer analysis. However, courts at times reach a summary conclusion with respect to valuing forbearance without readily providing significant detail around the attendant calculations.

By James H. Millar and Neil Steinkamp

16 minute read

March 05, 2012 | New York Law Journal

George W. Shuster Jr., James H. Millar and Meg McKenzie Feist of WilmerHale write: Pursuing a bondholder claim for principal and interest against a bankrupt issuer may seem simple, but complications can arise in identifying what "principal" is owing, what "interest" is a valid part of the claim, and what other amounts may be included in the claim. In part, the complexity may be a function of nomenclature and definition, but it may also be driven by the difficulty in reconciling bankruptcy law and policy with the terms of financial instruments and by a competitive marketplace in which investors seek to maximize the value of their financial instruments.

By George W. Shuster Jr., James H. Millar and Meg McKenzie Feist

23 minute read