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Kaitlin R. Walsh

Of Counsel

[email protected]

+1.212.692.6770

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Kaitlin has a broad bankruptcy and financial restructuring practice dedicated to advising clients on all aspects of bankruptcy proceedings, corporate restructurings, and insolvencies. Clients rely on her extensive experience representing debtors, unsecured creditors, secured lenders, and other parties-in-interest in Chapter 11 and Chapter 7 reorganizations, out-of-court restructurings and attendant litigation. Kaitlin represents bondholders, bond trustees and other creditor groups in connection with distressed health care and higher education entities nationwide. Corporate clients seek her specialized counsel in defending against complex bankruptcy-related litigation, including director and officer’s liability claims and avoidance actions. She assists clients in purchases and sales of distressed assets through Section 363 of the Bankruptcy Code. Kaitlin advises lenders and borrowers in the retail, gaming and energy industries on capital preservation across the credit spectrum and structuring transactions to minimize risk. Kaitlin also has represented debtors in successfully restructuring under Chapter 11 of the Bankruptcy Code.

Before joining the firm, Kaitlin practiced in the New York office of an international law firm, where she specialized in the representation of clients in large, complex and litigious bankruptcies, including those involving cross-border issues, asbestos liability and channeling injunctions, and breach of fiduciary claims. 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 a leading specialty gift store with 86 locations in seven states and nearly 2,000 employees in successful Chapter 11 bankruptcy case Massachusetts.
  • Represented former directors, officers, and management of international toy retailer against claims of fraud and breach of fiduciary duty in connection with toy retailer’s Chapter 11 proceeding.
  • Represented Master Trustee and Bond Trustee in connection with Verity Health Systems, a California hospital system, with respect to bond obligations in excess of $425 million.
  • Represented the indenture trustee in the workout of $15 million of college-related revenue bonds issued for the benefit of the College of New Rochelle in New York chapter 11 bankruptcy proceedings.
  • Represented K.D. Pharma as buyer in the Sancilio Pharmaceuticals bankruptcy in Delaware bankruptcy proceedings.
  • Represented the Commonwealth of Massachusetts in adversary proceeding brought by Lehman Brothers Holdings Inc. regarding the termination of interest rate swaps with Lehman Brothers Special Financing Inc. following its Chapter 11 filing.
  • Represented the indenture trustee for noteholders owed $1.75 billion in the iHeart Communications bankruptcy case in the Southern District of Texas.
  • Represented indenture trustee and bond insurer in connection with workout of $10 million in tax-exempt bonds issued to finance Arizona charter school.
  • Represented indenture trustee for holders of unsecured notes relating to $350 million of unsecured debt owed by oil and gas developer in Delaware bankruptcy proceeding of White Star Petroleum.
  • Represented indenture trustee for holders of $367 million in convertible notes in the Chapter 11 case of Energy XXI, Inc.
  • Represented ad-hoc group of second lien bondholders in Chapter 11 of Caesars Entertainment Corp. in the United States Bankruptcy Court for the District of Illinois.

Recognition & Awards

  • New York Super Lawyers: Bankruptcy: Business (2021)
  • 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

Case Studies

Complex Fraudulent Transfer Case Dismissed with Prejudice Case Study Hero Case Study
Mintz’s Bankruptcy & Restructuring team achieved a significant victory by obtaining complete dismissal (at the pleading stages) of a lawsuit brought against our clients by a liquidating entity, which sought to recover at least $50 million in damages based on allegedly fraudulent transfers of real estate during and after a bankruptcy case.

Viewpoints

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Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection

June 2, 2020 | Blog | By Andrew Matzkin, Kaitlin R. Walsh, William Kannel

Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more

The Evolution of Fiduciary Duties Under Delaware Law

September 28, 2015 | Blog | By John H. Bae, Kaitlin R. Walsh

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. 
Read more

News & Press

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Mintz Member and Chair of the firm’s Bankruptcy & Restructuring Practice William Kannel, Member Andrew Matzkin, and Special Counsel Kaitlin Walsh co-authored an article published by Pratt’s Journal of Bankruptcy Law that provided a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy.
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Mintz Member Paul J. Ricotta and Special Counsel Kaitlin R. Walsh co-authored an article published by the American Bankruptcy Institute (ABI) Journal on the use of “mothball” motions by large consumer retail debtors to persuade bankruptcy courts to agree to postpone payment of rent for store locations during the COVID-19 public health crisis, even though the Bankruptcy Code says unequivocally that debtors must pay rent on time.
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.

Events

Panelist
Dec
6
2019

The American Bankruptcy Institute's Winter Leadership Conference

Recent Trends In The Credit Bidding of Assets and Cross-Border Issues

Rancho Palos Verdes, CA