Kathleen M. Miller

Kathleen M. Miller: Attorney with Smith, Katzenstein & Jenkins LLP AV stamp icon


Kathy focuses on representing clients in corporate litigation and commercial bankruptcies. Her experience includes litigating matters in the Court of Chancery involving control contests, breach of fiduciary duty actions, books and records actions, advancement and indemnification disputes, receivership/custodian issues and non-compete disputes. She also represents businesses and individuals in dispute in the Superior Court of Delaware. Kathy has tried cases in all of Delaware’s trial courts and successfully argued before the Delaware Supreme Court and the Third Circuit Court of Appeals.

She regularly represents creditors in bankruptcy courts across the country. In addition, Kathy has served as a Chapter 11 and Chapter 7 trustee in Delaware bankruptcy cases and is an approved mediator on the Register of Mediators for the United States Bankruptcy Court for the District of Delaware.

Kathy holds an AV Preeminent rating from Martindale-Hubbell and has been recognized as a fellow by the Litigation Counsel of America.

Prior to joining the firm, Kathy clerked in the Delaware Court of Chancery for then Vice Chancellor Maurice A. Hartnett III.

Richards S. Rodney Inn of Court (1996-1998)

• International Women's Insolvency and Restructuring Confederation Chair, Delaware Chapter 2006 - 2008

Areas of Practice (5)

  • Chancery/Corporate Litigation
  • Bankruptcy and Creditor's Rights
  • Commercial Litigation
  • Alternative Dispute Resolution
  • Insurance Defense and Coverage Litigation

Education & Credentials

Contact Information:
888-388-4830  Phone
302-652-8400  Phone
302-652-8405  Fax
University Attended:
Villanova University, B.S., 1987
Law School Attended:
Widener University School of Law, J.D., cum laude, 1990
Year of First Admission:
United States District Court for the District of Delaware; 1990, Delaware; United States Court of Appeals for the Third Circuit; 1991, Pennsylvania


•Delaware State Bar Association; Member, Executive Committee, Assistant Secretary; Member, Women and the Law Section, Section Co-Chair, Co-Chair Retreat Committee
•American Bar Association; Member; Vice Chair to the Corporate Counseling and Litigation Subcommittee of the Business Law Section's Business and Corporate Litigation Committee
•International Women's Insolvency and Restructuring Confederation; Member and Past Chair of Delaware Chapter
•Delaware Board of Bar Examiners, 2011 to 2016
•American Bankruptcy Institute; Member
•Delaware Bankruptcy Inn of Court; Bencher
•Richard S. Rodney Inn of Court; Past Fellow

Reported Cases:
Experience: Kathy's recent experience includes: Successfully trying the first case under recently enacted Section 205 of the Delaware General Corporation Law, validating the issuance of stock previously determined to be void, resulting in clients gaining control of the company. In re Numoda Corp. S'holders Litig., 2015 WL 402265 (Del. Ch. Jan. 30, 2015).; Successfully obtaining an order appointing a custodian of a Delaware corporation that was deadlocked. Mottl v. Mottl, 2014, Del. Ch., Case No. 10090-VCG.; Succeeding in defeating the Special Committee's motion to dismiss breach of fiduciary duty action against directors. London v. Tyrrell, 2010 WL 877528 (Del. Ch. Mar. 11, 2010).; Testified before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 on issues relating to Section 503(b)(9).

Peer Reviews

Wilmington, Delaware

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