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Eric R. Blythe

Associate

[email protected]

+1.617.348.4913

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Eric’s practice focuses primarily on commercial litigation and lending, debt restructuring and workouts, distressed debt advising and corporate and municipal reorganization. Past representations include a diverse mix of lenders, secured and unsecured creditors, corporate borrowers, bondholders, bond trustees and institutional investors.

Eric’s experience also 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—specifically the Bankruptcy Law Section where he chairs the Public Policy Committee. He is also the editor of Mintz's bankruptcy blog which provides timely discussion and analysis on a variety of bankruptcy and commercial law issues.

Education

  • Boston University School of Law (JD)
  • Syracuse University (BS)

Recognition & Awards

  • Recognized as a Rising Star by The Legal 500 United States for Finance: Municipal Bankruptcy (2019-2020)

Viewpoints

Que Certa, Certa: Supreme Court’s Review of Puerto Rico Recovery Act May Hinder Creditor Negotiations

December 8, 2015 | Blog | By Leonard Weiser-Varon, William Kannel, Eric Blythe

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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Working for the Queen of Hearts is a tough gig. A disappointing quarter and she's quick to the chopping block. And the 'severance' she offers - "Off with their heads!" - no thanks.
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A Delaware bankruptcy court held in In re Ferris Properties, Inc. that the debtors could not sell their property free and clear of the secured lender’s mortgages because the lender would not be paid in full from the proceeds of the sale. Specifically, the Court held that the lender could not be compelled to accept a money satisfaction of its interests under section 363(f)(5), and that the lender did not consent to the sale under section 363(f)(2).
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In the recent Third Circuit decision in In re Jevic Holding Corp. the Court of Appeals ruled that, in rare circumstances, settlements in bankruptcy cases can be approved even if they result in junior creditors receiving a distribution before senior creditors are paid in full (i.e., even if the settlement violates the "absolute priority rule").
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When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company.
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The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code does not include “trademarks,” courts have varied on whether trademark licensees receive similar protection.
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In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following the borrower’s bankruptcy default.
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The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), Granfinanciera v. Nordberg, 492 U.S. 33 (1989), Langenkamp v. Culp, 498 U.S. 42 (1990) and Stern v. Marshall, 131 S. Ct. 2594 (2011).
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The First Circuit Court of Appeals in In re SW Boston Hotel Venture, LLC, 2014 U.S. App. LEXIS 6768 (1st Cir. Apr. 11, 2014) recently ruled on a number of issues critical to valuing a secured claim in bankruptcy.
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When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale.
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Events

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