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Eric R. Blythe

Member

[email protected]

+1.617.348.4913

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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, educational institutions, and project finance facilities. 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.

He 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

Read about a Third Circuit ruling, which held that a creditor’s right to future royalty payments in a non-executory contract — an agreement in which one party has performed all material obligations and the other has not — could be discharged in the bankruptcy of a counterparty-debtor. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions.

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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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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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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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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 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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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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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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It is said that muddy water is best cleared by leaving it be.  The Supreme Court’s December 4 decision to review the legality of Puerto Rico’s local bankruptcy law, the Recovery Act, despite a well-reasoned First Circuit Court of Appeals opinion affirming the U.S. District Court in San Juan’s decision voiding the Recovery Act.
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It is said that muddy water is best cleared by leaving it be. The Supreme Court’s December 4 decision to review the legality of Puerto Rico’s local bankruptcy law, the Recovery Act, despite a well-reasoned First Circuit Court of Appeals opinion affirming the U.S. District Court in San Juan’s decision voiding the Recovery Act on the grounds that it conflicts with Section 903 of the U.S. Bankruptcy Code, suggests, at a minimum, that at least four of the Justices deemed the questions raised too interesting to let the First Circuit have the last word.
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News & Press

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Events & Speaking

Panelist
Speaker
Nov
17
2023
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Moderator
May
13
2021

Securitizations: Their Place in the Muni-Bond Tool Kit

National Federation of Municipal Analysts

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Panelist
Nov
18
2020

Chapter 9 and Municipal Securitizations

Smith's Research & Gradings

Online

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Speaker
Apr
25
2017

Young Bankruptcy Lawyers: How Did We Get Here? Where are We Going?

Boston Bar Association

16 Beacon Street, Boston, MA

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Recognition & Awards

  • Featured in Best Lawyers: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2025 - 2027)

  • Chambers USA: Massachusetts (Band 4) – Bankruptcy / Restructuring (2026)

  • Chambers USA: Massachusetts (Up and Coming) – Bankruptcy / Restructuring (2024 - 2025)

  • Chambers USA: Massachusetts (Associate to Watch) – Bankruptcy / Restructuring (2022 - 2023)

  • Recognized as a Next Generation Partner by The Legal 500 United States for Finance: Municipal Bankruptcy (2024 - 2026)

  • 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)

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