Lindsay Zahradka Milne

Lindsay’s practice focuses on…

• Counseling businesses of all sizes in restructuring their financial obligations and streamlining their operations, both in Chapter 11 proceedings and out of court;
• Advising lenders and other parties-in-interest in workout negotiations and bankruptcy-related litigation;
• Assisting investors in the purchase of distressed assets and in other special situations; and
• Advising official committees of unsecured creditors in maximizing the value of Chapter 11 debtors’ assets for the benefit of the debtors’ estates.

Prior to joining Bernstein Shur, Lindsay:

Cut her teeth at Akin Gump in New York, representing major players in the bankruptcy industry in large matters, such as:

• A group of bondholders in the Chapter 11 cases of Energy Future Holdings;
• A major creditor in GM’s Chapter 11 case;
• The official committee of unsecured creditors in Friendly’s Chapter 11 case;
• Chapter 11 debtors, such as American Media and TerreStar; and
• An ad hoc group of second lien lenders in Kodak’s Chapter 11 case.

From her time in big law, she gained the tenacity and efficiency that an effective restructuring professional needs to get the job done, even in sticky situations with few assets to work with and lots of problems to solve. Lindsay continues to work across the country and across borders – on both modest and large matters. She has the tools for complex situations, and the sensitivity—and hourly rate—to handle small business concerns. Lindsay approaches each engagement not just as a legal advisor, but as a business one, bringing her experience as a small business owner to help clients think through every aspect of their issue.

Lindsay is an active member and thought leader for the American Bankruptcy Institute. As the premier professional association for restructuring professionals, she stays informed of the cutting-edge issues in the field, and knows how to use that knowledge to her clients’ advantage.

When not solving problems for clients, Lindsay is:

Playing beach volleyball or polar swimming off the Maine coast. She retired from playing rugby before starting her family and enjoys the fruits of her husband’s gin distillery on her time off.

Publications

The Unconstitutional Confluence of Statutory Mootness Under Bankruptcy Code section 363(m) and Bankruptcy Courts’ Discretion Under Bankruptcy Rule 6004(h), Syracuse Law Review Bankruptcy Symposium 2020-2021

Third Circuit Holds that Bankruptcy Courts Have Constitutional Power to Approve Compelled Third-Party Releases Only When Releases are “Integral to the Restructuring,” ABI Business Reorganization Committee Newsletter, June 2020

Persuasive Authority: Compelled Third-Party Releases, ABI Journal, December 2018

Trading Up: Improving the Trade Creditor’s Lot Vis-à-vis the Secured Lender, ABI Business Reorganization Committee Newsletter, July 2018

Speaking Engagements

“One Year Later: The Impacts of COVID-19 on Bankruptcy and Restructuring,” International Women’s Insolvency & Restructuring Confederation (IWIRC) Panel Discussion (February 2021)

“A Catch-22: Dilemmas for Landlords in the Era of COVID-19,” ABI Winter Leadership Conference (2020)

“Business Bankruptcy Legal Update,” American Bankruptcy Institute 2019 Annual Spring Meeting (April 2019)

“Are Trademarks Really That Special, or Did Congress Just Miss Something?” ABI Northeast Bankruptcy Conference (2019)

“Intellectual Property Case Before SCOTUS,” abiLIVE Webinar Series (February 2019)

“Business Panel: Trade Creditors in Bankruptcy Cases,“ 20th Annual New England Bankruptcy Law Conference (December 2018)

“Small Business Filings: Making Chapter 11 Work in Small Commercial Cases,“ 25th Annual Northeast Bankruptcy Conference (July 2018)