Eric’s practice focuses on representing borrowers and lenders in complex commercial transactions, restructurings and workouts, and corporate and municipal bankruptcies. Past representations include corporate borrowers, bond trustees, institutional investors, and a variety of lenders, including banks, hedge funds, and venture capital firms.
His workout industry experience encompasses distressed retirement communities, hotels, municipalities, hospitals, student housing facilities, and educational institutions. His debt practice focuses on syndicated credit facilities, securitizations, receivable/royalty sales, bond transactions, and structured financings generally.
Eric’s experience extends to other disciplines, often in the distressed context, including director and officer representation, intellectual property licensing and sales, consignment, insurance and landlord/tenant issues.
Eric is an active member of the American Bankruptcy Institute and the Boston Bar Association. He is also the co-editor of Mintz's bankruptcy blog which provides timely discussion and analysis on a variety of bankruptcy and commercial law issues.
viewpoints
The Automatic Stay: Supreme Court Finds that Retaining Debtors’ Property, Despite Turnover Demands, is Not a Stay Violation
January 21, 2021 | Blog | By Eric Blythe
The Automatic Stay: Supreme Court Finds that Retaining Debtors’ Property, Despite Turnover Demands, is Not a Stay Violation
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Are Leveraged Loans Subject To Securities Laws? It Depends…
June 1, 2020 | Blog | By Eric Blythe
Leveraged loans continue to be a topic of interest in the current environment, particularly when they are pooled and securitized as collateralized loan obligations. A recent decision sheds light on whether and when leveraged loans and similar instruments may be classified as securities and, therefore, be subject to securities laws.
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Decade Old Transactions Potentially Subject to Bankruptcy Clawback in Massachusetts
August 15, 2019 | Blog | By Eric Blythe
Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently held in the NECCO (think chalky wafer candy) bankruptcy case. The ruling, in a case of first impression in Massachusetts, expands the reach back period from the typical four-year period for fraudulent transfer recovery, so long as the IRS is a creditor in the case.
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First Circuit Rules That “Incorporation by Reference” of Collateral Description in UCC Financing Statements May Not Perfect Lien
February 14, 2019 | Blog | By William Kannel, Eric Blythe
Tolstoy warned that “if you look for perfection, you’ll never be content”; but Tolstoy wasn’t a bankruptcy lawyer. In the world of secured lending, perfection is paramount. A secured lender that has not properly perfected its lien can lose its collateral and end up with unsecured status if its borrower files bankruptcy.
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When Hiding Assets Doesn't Work: How Mintz Recovered $20M for Cheated Client
April 19, 2017 | Blog | By Eric Blythe
In a recent American Law Journal article, "When Hiding Assets Doesn't Work: How Mintz Recovered $20M for Cheated Client," Daniel Pascucci and Joe Dunn detail the extensive efforts used to hold a judgment creditor accountable -- 10 years and $20 million later, the case exemplifies the old saying that you can run, but you can't hide.
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Bankruptcy Settlements may not have to Comply with the Absolute Priority Rule? Not so fast...
June 29, 2016 | Blog | By Eric Blythe
In an earlier blog piece we reported on the Third Circuit's 2015 decision in In re Jevic Holding Corp. where the Court approved a settlement, implemented through a structured dismissal, which allowed junior creditors to receive a distribution prior to senior creditors being paid in full. The decision was appealed and the Supreme Court agreed to hear the case and decide whether structured dismissals are permissible in bankruptcy.
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Draft Treasury Legislation Would Give Puerto Rico Access to “Super Chapter 9” and Chapter 9 Bankruptcy
February 25, 2016 | Blog | By Eric Blythe
A draft of the U.S. Treasury’s proposed debt restructuring legislation began circulating earlier today. The draft legislation would give Puerto Rico, as well as other U.S. territories, and their municipalities access to U.S. bankruptcy court under a new chapter of the U.S. Bankruptcy Code (so-called “Super Chapter 9”) as well as making Puerto Rico’s instrumentalities (but not Puerto Rico itself) potentially eligible to file for bankruptcy under existing Chapter 9.
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Mintz Receives M&A Advisor’s Restructuring Community Impact Award
February 23, 2016 | Blog | By Eric Blythe
Mintz was recently honored at the 10th Annual M&A Advisor Awards dinner with the Restructuring Community Impact Award in connection with the Acquisition of Assets of Alsip Acquisition, LLC by Paper Mill Acquisition LLC.
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Turning A Blind Eye Cost Lender Hundreds Of Millions Of Dollars; Inquiry Notice Spoils Lender’s Good Faith Defense In Fraudulent Transfer Case
February 12, 2016 | Blog
Lending credence to the old adage “if it’s too good to be true, then it probably is,” the Seventh Circuit Court of Appeals recently held that a secured lender was on inquiry notice of possible fraud by its borrower in impermissibly pledging customers’ assets to secure loans.
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Third Circuit Permits Chapter 11 Debtor to Reject Expired CBA
January 26, 2016 | Blog | By Eric Blythe
It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement. However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?
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News & Press
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Rising Stars: Mintz Promotes Trio In Restructuring, M&A, PE
December 20, 2022
The Deal covered Mintz's recent announcement that seven attorneys have been elevated to Member. The publication profiled Eric Blythe, Katya Daniel, and Scott Dunberg, highlighting their focus on restructurings, private equity, and M&A, respectively.
Mintz Announces New Member Growth
December 16, 2022
We're thrilled to announce the addition of 17 new Members to Mintz. Along with seven attorneys recently elevated to membership in the firm, we’ve welcomed ten lateral Members in 2022. They add depth to our experience and capabilities in life sciences, health care, financial services, private equity, sports & entertainment, technology, and other sectors.
Mintz Represents The Paper Store in Chapter 11 Bankruptcy Proceedings
September 14, 2020
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
Mintz Receives M&A Advisor’s “Restructuring Community Impact” Award
February 22, 2016
Events & Speaking
Speaker
Moderator
May
13
2021
Securitizations: Their Place in the Muni-Bond Tool Kit
National Federation of Municipal Analysts
Panelist
Speaker
Read less
Apr
25
2017
Young Bankruptcy Lawyers: How Did We Get Here? Where are We Going?
Boston Bar Association
16 Beacon Street, Boston, MA
Recognition & Awards
Chambers USA: Massachusetts (Associate to Watch) – Bankruptcy/Insolvency (2022 - 2023)
Recognized as a Rising Star by The Legal 500 United States for Finance: Municipal Bankruptcy (2019 - 2023)
Featured in Best Lawyers: Ones to Watch, Commercial Litigation (2021 - 2024)
Boston Magazine Top Lawyers – Bankruptcy (2021)
Recent Insights
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
