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Kaitlin R. Walsh

Associate

[email protected]

+1.212.692.6770

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Kaitlin’s practice in bankruptcy law is focused on corporate restructurings and insolvencies. She represents debtors, creditors, purchasers, lenders and other parties-in-interest in Chapter 11 reorganizations, out-of-court restructurings and bankruptcy litigation.

Before joining the firm, Kaitlin practiced in the New York office of another international law firm. While in law school, she served as the production editor for the New York University Journal of International Law and Politics.

Education

  • New York University School of Law (JD)
  • Rutgers University (BA)

Experience

  • Represented ad hoc committees of bondholders in complex chapter 11 reorganization and related litigation
  • Represented debtors in chapter 11 restructurings and liquidations
  • Represented companies in defending against fraudulent conveyance and preference claims
  • Represented companies and insurers in mass tort driven chapter 11 cases
  • Represented distressed real estate investment funds in acquisitions of commercial real estate under section 363 of the Bankruptcy Code
  • Represented boards of directors of financially distressed companies
  • Represented debtors and affiliated companies in restructurings to address asbestos liabilities
  • Represented contract counterparties and other creditors in large chapter 11 cases

Recognition & Awards

  • New York Super Lawyers: Rising Star – Bankruptcy: Business (2015 - 2018)

Involvement

  • Communications Co-Chair, International Women’s Insolvency & Restructuring Confederation
  • Member, Turnaround Management Association
  • Member, American Bar Association
  • Member, New York State Bar Association

Recent Insights

News & Press

Viewpoints

Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC (“Momentive”). With one exception, the Court determined that the plan confirmed by the bankruptcy court in September 2014 comports with Chapter 11 of the Bankruptcy Code.
The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital contribution.
Earlier this month, the Supreme Court announced that it will review the scope of Bankruptcy Code section 546(e)’s safe harbor provision. Section 546(e) protects from avoidance those transfers that are made “by or to (or for the benefit of)” a financial institution, except where there is actual fraud.
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold that a debtor cannot use a voluntary Chapter 11 bankruptcy filing to escape liability for a “make-whole” premium if express contractual language requires such payment when the borrower makes an optional redemption prior to a date certain.
In a recent New York Law Journal article, “The Evolution of Fiduciary Duties Under Delaware Law”, John Bae and Kaitlin Walsh describe the ongoing development of Delaware law regarding directors’ duties and provide guidance to directors of corporations facing insolvency. 

News & Press

Fourteen Mintz attorneys have been named New York Super Lawyers for 2017 and thirteen have been named New York Rising Stars. New York Super Lawyers recognizes the top lawyers with the highest degree of peer recognition and professional achievements.  
Kaitlin R. Walsh, an Attorney in Mintz's Bankruptcy and Restructuring Practice, was elected to the Board of Directors of the International Women’s Insolvency & Restructuring Confederation’s (IWIRC) New York Chapter.
Sixteen Mintz attorneys have been named New York Super Lawyers for 2016 and twelve have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.